BHIMANDAS AMBWANI (D) THR. LRS. versus DELHI POWER COMPANY LIMITED & ORS.

BHIMANDAS AMBWANI (D) THR. LRS. versus DELHI POWER COMPANY LIMITED & ORS.

Earlier acquisition notifications and declarations having been superseded or elapsed, and no valid award made, the appellant’s dispossession was effected without following the legal procedure. Given impossibility of restoration due to construction, compensation by fresh award with all statutory benefits must be granted, treating Section 4 notification as on the date of Supreme Court’s order.

Parties
Appellant: Bhimandas Ambwani (D) Thr. LRs.; Respondents: Delhi Power Company Limited & Ors.
Jurisdiction
India
Judgment Date
12 February 2013
Procedural Posture
Civil Appeal / Appeal From Delhi High Court's Division Bench Judgment in LPA No. 46 of 1983 and Review Application C.m. No.893 of 2002
Outcome
Appeals allowed (in C.A. Nos. 204-205/2004); judgments of the High Court set aside; directions issued for making award.
Legal Topics
Obliteration of Earlier Notifications Under Successive Section 4/6 Notifications and Declarations, Invalid Acquisition Proceedings for Failure to Follow Proper Procedure, Restoration of Possession or Compensation Under Land Acquisition Act
Land Acquisition Obliteration of Earlier Notifications Under Successive Section 4/6 Notifications and Declarations Invalid Acquisition Proceedings for Failure to Follow Proper Procedure Restoration of Possession or Compensation Under Land Acquisition Act

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Parties

Bhimandas Ambwani (D) Thr. LRs.

Appellant

Delhi Power Company Limited & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court's Division Bench Judgment in LPA No. 46 of 1983 and Review Application C.m. No.893 of 2002

Legal Issues

  1. 1 Effect of successive notifications under Section 4 and declarations under Section 6 of the Land Acquisition Act, 1894
  2. 2 Validity of possession taken in absence of award or completion of acquisition proceedings
  3. 3 Entitlement to restoration of possession or compensation where dispossession occurred without valid acquisition

Ratio Decidendi

Earlier acquisition notifications and declarations having been superseded or elapsed, and no valid award made, the appellant’s dispossession was effected without following the legal procedure. Given impossibility of restoration due to construction, compensation by fresh award with all statutory benefits must be granted, treating Section 4 notification as on the date of Supreme Court’s order.

Court Disposition

Appeals allowed (in C.A. Nos. 204-205/2004); judgments of the High Court set aside; directions issued for making award.

Orders

  • Land Acquisition Collector directed to make award after hearing the parties within four months, treating Section 4 notification as of 12.2.2013.
  • Parties to appear before Land Acquisition Collector at the office of Deputy Commissioner, South M.B. Road, Saket, New Delhi on 26.2.2013.