“Jayamma & Ors. Vs. The Deputy Commissioner, Hassan Dist. Hassan & ORs.”, Civil
Appeal No. 4345-4429/2013 [Arising out of S.L.P.(Civil) Nos. 10230-10314/2012],
Decided on May 6, 2013
The
question before Hon’ble Supreme Court was that whether the High Court, under
Article 226 of the Constitution of India, can compel the State to complete the
acquisition proceedings initiated under Section 4(1) of the Land AcquisitionAct?
In
this case since, no serious steps were taken to complete the acquisition by
passing the awards, the petitioners approached the High Court under Article 226
of the Constitution of India for a direction to compel the land acquisition
collector to act as per the instruction issued by the Government and to
complete the acquisition proceedings:
The
Court held:
“Whether to acquire a
particular property or not is for the Government to decide. It is not within
the jurisdiction of the Court to compel the Government to acquire any property,
otherwise than as per the Land Acquisition Act. No doubt, the High Court
exercises judicial review of administrative action or inaction. But having
regard to the various facts and circumstances or factors, it is for the
Government to consider at the permissible stage as to whether a particular
property is to be acquired or whether an Award is to be passed pursuant to
proceedings already initiated under Section 4(1) of the Act. The Act is a
complete code as far as such decisions are concerned and Government is well
within their jurisdiction to act as per the scheme provided under the Act.
Merely because proceedings under Section 4 of the Land Acquisition Act has been
initiated, it is not required under law to acquire the land. It is not within
the jurisdiction of the Court to compel the Government to pass an Award
pursuant to Notification issued under Section 4(1) of the Act even when it is
followed by the declaration”. [Para 9]
The
Court also held:
“Under Section 11A of
the Land Acquisition Act, the Collector is to pass the award under Section 11
within a period of two years from the date of the publication of the
declaration and, in case no award is made within that period, the entire
proceedings for acquisition of the land would lapse”.[Para 8]
On
the facts of the case the Court held:
“In the instant case,
the declaration under Section 6 dated 15.10.2008 published on 23.10.2008 had
already lapsed by the time the writ petitioners had approached the High Court.
This crucial factual position, unfortunately, has not been taken note of by the
High Court. The Court cannot compel the land acquisition collector to pass
awards in respect of the land acquisition proceedings which had already lapsed.
That apart, under the scheme of the Land Acquisition Act, the Government is at
liberty to withdraw from the acquisition of any land of which possession has
not been taken at any stage prior to the passing of the award. In case the
owner, in consequence of such withdrawal, has suffered any damages, he is
entitled to compensation in that regard, under Section 48 of the Act”.
[Para 8]
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