BHARAT PETROLEUM CORPORATION LTD. (BPCL) & ORS versus NISAR AHMED GANAI & ORS.

BHARAT PETROLEUM CORPORATION LTD. (BPCL) & ORS versus NISAR AHMED GANAI & ORS.

Section 24(1)(a) of the Act, 2013 is limited to acquisitions initiated under the Land Acquisition Act, 1894; acquisitions initiated under the Jammu & Kashmir Land Acquisition Act, SVT 1990 are not governed by Section 24(1)(a) of the Act, 2013, and therefore the High Court erred in directing compensation be determined under the Act, 2013; the High Court's order is quashed and the writ petitions are remitted to the High Court to decide other grounds on merits, with the question of applicability of the Act, 2013 concluded.

Parties
Appellants: Bharat Petroleum Corporation Ltd. (BPCL) & Ors.; Respondents: Nisar Ahmed Ganai & Ors.
Jurisdiction
India
Judgment Date
12 October 2022
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment and Order Dated 06.10.2021
Outcome
Appeals allowed; impugned High Court judgment and order dated 06.10.2021 quashed and set aside to the extent it directed determination of compensation under the Act, 2013; matters remitted to the High Court for fresh consideration of other grounds
Legal Topics
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(1)(a) of the Act, Land Acquisition Act, 1894, Jammu & Kashmir Land Acquisition Act, SVT 1990, Jammu & Kashmir Reorganization (removal of Difficulties) Order, 2019, General Clauses Act, 1897
Land Acquisition Statutory Interpretation Administrative Law Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 24(1)(a) of the Act, 2013 Land Acquisition Act, 1894 Jammu & Kashmir Land Acquisition Act, SVT 1990 Jammu & Kashmir Reorganization (removal of Difficulties) Order, 2019 +1 more

Case Brief

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Parties

Bharat Petroleum Corporation Ltd. (BPCL) & Ors.

Appellants

Nisar Ahmed Ganai & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment and Order Dated 06.10.2021

Legal Issues

  1. 1 Whether Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 applies to land acquisition proceedings initiated under the Jammu & Kashmir Land Acquisition Act, SVT 1990
  2. 2 Whether clause 2(13) of the Jammu & Kashmir Reorganization (Removal of Difficulties) Order, 2019 read with Section 6 of the General Clauses Act saves rights/liabilities under the repealed J&K Act such that the Act, 2013 is inapplicable
  3. 3 Whether non-declaration of award or non-possession (including where stay/status quo orders were granted) entitles landowners to enhanced compensation under the Act, 2013

Ratio Decidendi

Section 24(1)(a) of the Act, 2013 is limited to acquisitions initiated under the Land Acquisition Act, 1894; acquisitions initiated under the Jammu & Kashmir Land Acquisition Act, SVT 1990 are not governed by Section 24(1)(a) of the Act, 2013, and therefore the High Court erred in directing compensation be determined under the Act, 2013; the High Court's order is quashed and the writ petitions are remitted to the High Court to decide other grounds on merits, with the question of applicability of the Act, 2013 concluded.

Court Disposition

Appeals allowed; impugned High Court judgment and order dated 06.10.2021 quashed and set aside to the extent it directed determination of compensation under the Act, 2013; matters remitted to the High Court for fresh consideration of other grounds

Orders

  • Impugned common judgment and order dated 06.10.2021 of the High Court quashed and set aside to the extent it directed compensation be determined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
  • All writ petitions remitted to the High Court to decide afresh on their merits insofar as other grounds challenging the land acquisition proceedings under the Jammu & Kashmir Land Acquisition Act, SVT 1990