ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD versus GILLAPUKRI TEA COMPANY LIMITED & ORS. ETC.

ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD versus GILLAPUKRI TEA COMPANY LIMITED & ORS. ETC.

The award sent in Form No.15 was approved by the State Government on 05.03.2010 as evidenced by the approval letter of that date read with the request of 30.01.2010 and the subsequent conduct of the parties (placement of funds, payment of Rs.49,500,000, and delivery of possession); once the award was approved, compensation paid and possession handed over, the acquisition could not lapse under Section 24 of the L.A. Act and the State could not validly re-initiate acquisition proceedings in respect of the already acquired land, so the 2013 Act did not apply to the first respondent's land.

Parties
Appellant: Assam Industrial Development Corporation Limited; First Respondent: Gillapukri Tea Company Limited
Jurisdiction
India
Judgment Date
28 January 2021
Procedural Posture
Civil Appeal / On Appeal From the Judgment and Order Dated 14.03.2019 of the High Court of Gauhati in Writ Appeal Nos. 219 & 220 of 2017
Outcome
Appeals allowed
Legal Topics
Section 4 L.a. Act, Section 6 L.a. Act, Section 18 L.a. Act, Section 24 L.a. Act, Award Approval, Vesting of Title, Lapsing of Acquisition Proceedings
Land Acquisition Compensation Rehabilitation and Resettlement Section 4 L.a. Act Section 6 L.a. Act Section 18 L.a. Act Section 24 L.a. Act Award Approval +2 more

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Parties

Assam Industrial Development Corporation Limited

Appellant

Gillapukri Tea Company Limited

First Respondent

Procedural Posture

Civil Appeal / On Appeal From the Judgment and Order Dated 14.03.2019 of the High Court of Gauhati in Writ Appeal Nos. 219 & 220 of 2017

Legal Issues

  1. 1 Whether the award was approved by the State Government on 05.03.2010
  2. 2 Whether acquisition proceedings lapsed under Section 24 of the Land Acquisition Act, 1894
  3. 3 Whether land already acquired, with compensation paid and possession delivered, could be re-acquired by fresh notifications and awards (including application of the 2013 Act)

Ratio Decidendi

The award sent in Form No.15 was approved by the State Government on 05.03.2010 as evidenced by the approval letter of that date read with the request of 30.01.2010 and the subsequent conduct of the parties (placement of funds, payment of Rs.49,500,000, and delivery of possession); once the award was approved, compensation paid and possession handed over, the acquisition could not lapse under Section 24 of the L.A. Act and the State could not validly re-initiate acquisition proceedings in respect of the already acquired land, so the 2013 Act did not apply to the first respondent's land.

Court Disposition

Appeals allowed

Orders

  • The orders impugned are set aside
  • Pending applications, if any, shall stand disposed of