Paragraph numbers below are the court’s original numbering, recovered from the source text.
16. Section I IA of the Act and Explanation thereto (omitting the B proviso which is not material in this case) are as under: c "I IA. Period within which an award shall be made.-{l) The Collector shall make an award under Section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided ……………… . Explanation. In computing the period of two years referred to in this section the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be t:xcluded.
17. Section 6(2), on a plain reading, deals with the various modes of publication and they are: (a) publication in the Official Gazette, (b) publication in two daHy newspapers circulating in the locality in which the land is situate E of which at least one shall be in the regional language and (c) causing public notice of the substance of such declaration to be given at convenient places in the said locality. There is no option left with anyone to give up or waive any mode and all such modes have to be strictly resorted to. The principle is well settled that where any statutory provision provides a particular manner for doing a particular act, then, that thing or act must be done in accordance F with the manner prescribed therefor in the Act.
18. The provisions of Section I IA are intended to benefit the land owner and ensure that the Award is made within a period of two years from the date of the declaration under Section 6. In ordinary course, therefore, when the Government fails to make an Award within two years of the G declaration under Section 6, the land has still not vested in the Government and its title remains with the owner, the acquisition proceedings are still pending and, by virtue of the provisions of Section 1 I A, the proceedings will elapse. The period of two years referred to in Section I IA shall be computed by counting from the last of the publication dates, as per the prescribed H modes of publication. -t KUNWARPALSINGH(DEAD)BYLRS. v. STATEOFU.P. [LOKESHWARSINGHPANTA,J.J 417
19. In the present cases, as noted above, the appellants and other A landholders· filed Civil Miscellaneous Writ Petition in the High Court of Judicature at Allahabad in the year 1985 whereby and whereunder they have challenged combined Notification under Sections 4 and 6 of the Act issued by the State Government. The High Court vide order dated 14.01.1988 partly allowed the writ petition,s. It appears from the record that MDA and some claimants feeling aggrieved, filed separate sets of appeals against the judgment B dated 14.01.1988 in this Court. This Couft allo*ed Civil Appeal No.1828 of 1985 filed by MDA and dismissed the appeals of the claimants. By judgment dated 19.09.1996, this Court set aside the order of the High Court and directed the Collector to make Awards within a period of six months from the date of the receipt of the order of this Court. Finally, the Collector made an Award C on 18.09.1998 which came to be challenged by the appellants before the High Court of Judicature at Allahabad inter alia on the ground that the Award was made beyond the period as envisaged under Section l lA of the Act. The High Court, as noted above, has held: "the Collector in the Award (Annexure P-4) specifically refers 13.08.1985 as the date of publication ofNotification D under Section 6. Accepting this as the last date of publication and the fact thafstay was operating since 02.08.1985 till 19.09.1996, we hold the Award passed on 18.09.1998 was within the limitation as envisaged by Section llA of the Act and as such the proceedings initiated for acquisition does not lapse."
20. In our view, the order of the High Court is not legal and justified. E The Division Bench seems to have committed a patent error, despite the decisions of :iis Court in Eugenio Misquita & Ors. v. State of Goa & Ors., [1997] 8 sec 47 (which does not appear to have been brought to its notice). While applying the ratio in Krishi Utpadan Mandi Samiti v. Mark.ant Singh, [1995] 2 sec 497, this Court in Eugenio Misquita & Ors. (supra), observed F at SCC p. 52, Para 9 as under: " …. The publication under Section 6(2) of the Act is for a different purpose, inter alia, for reckoning the limitation prescribed under Section l lA of the Act. This construction is supported by the language employed in Section 6(2) of the Act. In particular, the word G "hereinafter" used in Section 6(2) will amply prove that the last of the series of the publication referred to under Section 6(2) is relevant for the purposes coming thereafter, namely, for making award under Section I IA. The language employed in second proviso to Section 6(1) also supports this c-0nstruction." [2007) 4 S.C.R.
21. That apart, the words "the last of the dates of such publication and the giving of such public notice being hereinafter referred to as the date of the publication of the declaration" leave no room for any assumptions to the contrary. Thus, the view taken by the High Court in these cases not only runs counter to the mandate of law enacted by Parliament, but is opposed to . the dicta of this Court.
22. We have gone through the judgment of the High Court of Allahabad dated 14.01.1988 passed in Civil Miscellaneous Writ Petition No. I 0551 of 1985 and other connected petitions earlier filed by the appellants and other owners of the land. In those cases, the High Court has observed that joint Notification C under Section 4 and Declaration under Section 6 of the Act w,as issued by the State Government on 25.07.1985. The MDA in paragraph 13 of the grounds of appeal being Civil Appeal No.18~8 of 1988 on the record of this Court filed against the order of the High Court dated 14.01.1998 has specifically stated that the substance of the two notifications contemplated by the provisions of Sections 4 and 6 of the Act was given on 25.07.1985 in the D locality. Again, it was reasserted and stressed that publication of substance in the iocality on the same day, i.e. on 25.07.1985, would not affect-the appellants' rights adversely particularly when the provisions of Section 5A, i.e. inviting objections against the acquisition of the appellants' lands, have been disvensed with. The MDA has admitted in its grounds of appeal that E substance of last publication of the declaration under Section 6 of the Act was given in the locality on 25.07.1985. Now, Shri Anil Raj Kumar, Officer on Special Duty of MDA, in his counter affidavit filed before this Court in SLP (C) No.8331 of 2000 has taken inconsistent stand when he states in para 2(11) thus: 'the High Court has taken into conspectus the Award marked as Annexure IV, specifically refers 13.08.1985 as a date of publication of Notification under . F Section 6 of the Land Acquisition Act, accepting this as a last date of publication and the fact that stay order was in operation w.e.f. 2.8.1985 till 19.9.1996'.
23. The statement of Smt. Nisha Goel made in the counter affidavit filed by her on behalf of respondent Nos. I, 2 and 3 that the declaration of public G notice by last mode under Section 6(2) of the Act by beat of drums in the locality on 13.08.1985 manifestly is wrong and on the face of it contrary to the contents of the Notice (Annexure R-2) filed by her with the affidavit. This notice aated 13.08.1985 was issued by the Land Record Inspector, Block Rohta, Tehsil Meerut, in response to the letter ofMDA dated 09.08.1985 and H that of the District Land Acquisition Officer, Meerut, dated 01.08.1985. The KUNWARPALSINGH(DEAD)BYLRS.1·. STATEOFU.P. [LOKESHWARSINGHPANTA,J.] 419 relevant substance of the notice reads as under:- "the land described in the enclosed list situate in village Danta, Block Rohta, Tehsil Meerut has been acquired by the Meerut Development Authority for its residential scheme and letter for obtaining its possession has been received on 12.8.85 at 3 p.m. and intimation of which has been given today 13.8.85 in village Dantal to all concerned B fanner and residents of village by beat of drums and in loud voice that notification had been published on 19.7.85, 25.7.1985 in daily newspapers, "Meerut Samachar", Janta Express" and "Hamara Yug" and Government Gazette. Since the land has been acquired for the residential scheme of the Meerut Development Authority, no fanner C should change the nature of rights in the land and the possession of acquired land will be taken on 16.3.85."
24. This notice appears to have been signed by marginal witnesses Har Pal Singh, Sudhir Kumar and Yash Vir Singh and thumb mark by Chhote on 13.08.1985. The language employed in this notice would not prove that it was D the last mode of publication referred to in Section 6(2) of the Act. In substance, this notice appears to have been issued in purporting exercise of power under Section 9 of the Act for taking possession of the acquired land on 16.08.1985. Thus, this Notification, in no circumstances, would prove that it was the last mode of publication referred to in Section 6(2) of the Act.
25. This Court in General Manager, Department of Telecommunications, Thiruvananthapuram v. Jacob s/o Kochuvarkey Kalliath (dead) by LRs. & Ors., (2003] 9 SCC 662 has held that period of two years from the date of publication of the declaration prescribed under Section 1 IA for passing the Award, must be calculated from the last of the series of the publications F referred to under Section 6(2) of the Act.
26. Again, in Bihar State Housing Board v. State of Bihar & Ors., [2003] IO SCC l, this Court reiterating the proposition of law has held that modes of publication of declaration prescribed under Section 6(2) are conjoint and cumulative and all of them must be resorted to and completed. Sub- G section (2) of Section 6 of the Act necessarily makes it abundantly clear that the last of the dates of the publication and giving of such public notice shall "hereinafter" be referred to as the date of publication of the declaration and limitation period of two years for making Award under Section I IA has to be counted as the last of the dates out. of the three modes of publication specified in Section 6 of the Act. [2007) 4 S.C.R.
27. It is not in dispute that the land acquisition proceedings remained stayed vide order of the High Court of Allahabad in the earlier writ petitions filed by the appellants as also during the pendency of the SLPs filed by the MDA and the appellants and other persons against the order dated 14.01.1988 of the High Court of Allahabad, which were decided on 19.09.1996. The Land B Acquisition Collector has even failed to make the Award within stipulated period of six months as directed by this Court vide order dated 19 .09 .1996.
28. The ratio of the judgment in State of Haryana & Anr. v. Raghubir Dayal, [199S] l SCC 133, relied upon by the respondents, is of no assistance or help to them. In that case, while dealing with the provisions of Sections C 4( l ), SA and 6(2) of the Act, this Court held: "since there is an opportunity already given to the owner of the land or persons having.interest in the land to raise their objections during the inquiry under Section SA, or otherwise in case of dispensing with inquiry under Section SA unless they show any grave prejudice caused to them in non-publication of the substance of the declaration under Section 6(1 ), the omission to publish the substance of the D declaration under Section 6( l) in the locality would not render the declaration of Section 6 .invalid. However, this does not mean that the officers should not comply with the requirement of law. It is their duty to do it."
29. In the light of the settled principles of law in Eugenio Misquita & Ors. (supra), General Manager, Department of Telecommunications, E Thiruvananthapuram (supra) and Bihar State Housing Board (supra), the entire acquisition proceedings for acquiring the land of the appellants culminating in the Award made on 19.09.1998 after the period contemplated in Section l lA of the Act shall elapse completely.
30. The High Court was not correct and justified in holding that the last date of publication of the declaration under Section 6 was l3.8.l98S and not 25.07.1985. In the earlier civil writ petitions, the same High Court has accepted 2S.07.l98S as the date of declaration under Section 6 of the Act. 3 l. No other point was urged by the parties. For all the reasons stated G above, the impugned judgment of the Division Bench of the High Court of Judicature at Allahabad cannot be sustained. The Civil Miscellaneous Writ Petition Nos. 31681, 328S6 and 328S7 of 1998 filed by the appellants before the High Court shall stand allowed. These appeals are allowed with costs. 32. However, we make it clear that if the respondents are still interested H to acquire the land of the appellants, they are not precluded from initiating KUNWARPALSINGH(DEAD)BY LRS. "· STATEOFU.P. [LOKESHWARSINGHPANTA,J.j 421 fresh proceedings in accordance with law. CONTEMPT PETITION (C) NO. 480 OF 2004 IN CIVIL APPEAL NO. 6099 OF 2001 33. Kunwar Pal Singh, the original petitioner, filed Special Leave Petition B No. 8331 of 2000 in this Court against the final judgment and order dated 28.02.2000 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 3168/1988. The said special leave petition came up for hearing on 10.07.2000 when this Court passed the following order:- "Issue notice. Until further orders status quo as regards the possession so far as the petitioner is concerned to be maintained." c 34. The matter came up for hearing on 28.08.2001 when this Court granted special leave to the petitioner and directed the interim order to D continue in the meantime. Kunwar Pal Singh died during the pendency of C.A. No. 6099 of 2001 and now his legal representatives are pursuing these proceedings. 35. The controversy in these proceedings pertains to the acquisition of E the lands of the appe'Ilants by the State Gove!11ffient for the benefit ofMeerut Development Authority [for short "the MDA"]. The State Government in the year 1985 issued joint notification under Sections 4 and 6 of the Land Acquisition Act [hereinafter referred to as "the Act"] proposing to acquire 168 bighas ofland including the land of the appellants. The Land Acquisition Officer made an Award on 20.10.1997 in respect of2 biswas ofland out of Plot F No. 94. An area of3-16-5 bigha of land out of Plot No. 84 was left out from acquisition. The appellants stated that later on, after a period of about 2 years without giving any notice to them, the Land Acquisition Officer made an Award dated 18.09.1998 in respect of 12 biswas of land out of Plot No. 94 and 3-16-5 bigha land out of Plot No. 84. The Award of the Land Acquisition G Collector was challenged by the appellants and other land owners before the High Court of Judicature at Allahabad inter alia on the ground that the A ward came to be passed after the statutory period contemplated under Section l lA of the Act. Therefore, the entire acquisition proceedings had lapsed. The High Court dismissed the writ petitions of the appellants and other claimants. The appellants have filed special leave petitions in this Court against the H (2007] 4 S.C.R. A impugned common order of the High Court. In the special leave petition out of which Civil Appeal No. 6099 of 200 I arises, the above said interim order was passed by this Court. The grievance of the appellants in this contempt petition is that the MDA has encroached upon I 0 biswas of land in Plot No. 84, therefore, the original appellant submitted representation dated 05.11.2003 requesting the MDA to get Plot No. 84 demarcated on the spot. The lower B staff of MDA, for obvious reasons, wanted to encroach upon another Plot No. 94 owned by the appellants. The appellants submitted that second representation was made on 9.02.2004 to the Commissioner, MDA, requesting the MDA to remove its encroachment on IO biswas ofland of Plot No. 84 and no further encroachment should be made by the Authority on Plot No. 94. C In response to the representations of the appellants, Officer on Special Duty, MDA, vide letter dated 21.05.2004 informed the original appellant that because of the operation of the status quo order passed by this Court in S.L.P. (C) No. 8331/2000, it was not possible for the party to get the demarcation done on Plot No. 84 measuring 3-16-5 bighas. The appellants alleged that the District Magistrate/Collector, Meerut respondent No. 2 and the Additional D District Magistrate (Joint Organisation), Meerut respondent No. 3 herein came to Plot No. 94 accompanied by police force at about 18.45 hours with bull dozers. One son of the original appellant went to the site and informed respondent Nos. 2 and 3 and the other police officials not to take law into their hands in demolishing the boundary wall of their farm house, but despite E the order of. status quo passed by this Court they had demolished the boundary wall and the cattle sheds constructed by the original appellant in the middle of the plot. The appellants further alleged that respondents – contemnor nos. 2 and 3 threatened to hand over the possession of Plot No. 94 to some other persons and once the construction work would be completed on that plot, no Court would be able to get the possession restored to the F original appellant. On these premises, the appellants have prayed to deal with the contemn ors for wilful and intentional violation of the order of this Court dated 28.08.2001 and punish them in accordance with law. 36. Shri Shantanu Kumar Trivedi, Additional Commissioner, Meerut G Division, (former Vice-Chairman), MDA, in his counter affidavit has stated that the lands forming part of Khasra Nos. 84 and 94 (plots) were acquired for and on behalf of MDA for construction of residential houses. The Land Acquisition Collector made an Award 18.09.1998 in respect of 12 biswas land forming part of Plot No. 94 and 3 bighas 16 biswas and 5 biswani land out of Khasra No. 84. He stated that MDA has full respect to the orders of the H Courts and the status quo order passed by the Court was never disturbed by t KUNWARPALSINGH(DEAD)BYLRS. , .. STATEOFU.P. [LOKESHWARSINGHPANTA,J.) 423 the MDA on the spot. It is his plea that after receiving the Report of Tehsil A Lekpal as well as of the Engineer, the MDA demolished the existing unauthorized construction on Plot No. 88. The construction on ?lot No. 94 after receipt of the Survey Report was left undisturbed. The deponent denied allegations of the appellants regarding encroachment by the MDA over Khasra No./Plot No.84. He stated that because of the operation of the status quo orders of this Court, the MDA could not oblige the original appellant to get B the area demarcated. It is contended by the deponent that the allegations made in the contempt application by the appellants against the respondents are wholly false and baseless. However, the deponent submitted that he has not committed any contempt of the orders of this Court, still he has tendered unqualified apology for any inconvenience caused to this Court. 37. Shri Anoop Sharma, Assistant Engineer and Shri Girija Shankar Mall, Junior Engineer of MDA, have filed their separate counter affidavits. They have stated that the MDA has not at all disturbed the status quo order passed by this Court in regard to the Plot Nos./Khasra Nos. 84 and 94 as · alleged by the appellants. Their stand is that it was only in respect of Plot D No. 88 where development works were carried on as the said area was out of the purview of the orders of any court. The allegations of wilful disobedience of the status quo order passed by this Court are categorically denied by them. However, both the officials have tendered an unconditional apology. 38. Having heard the learned counsel for the parties and having scrutinized in detail the counter affidavits of the respondents, we are of the view that there is nothing before us to show that the respondents have wilfully flouted or intentionally violated the status quo order dated 10.07.2000 and 28.08.2001 passed by this Court. Therefore, it is not a fit case for F initiating any proceedings for contempt against the respondents. 39. Consequently, the Contempt Petition stands disposed of. 40. Notice discharged. B.S. Contempt Petition disposed of.