SH. RAM CHANDER (DEAD) THR LRSversusUNION OF INDIA

614                       [2022]
               SUPREME COURT     17 S.C.R. 614
                              REPORTS                    [2022] 17 S.C.R.


A                 SH. RAM CHANDER (DEAD) THR LRS
                                       v.
                              UNION OF INDIA
                    (Civil Appeal Nos. 2926 - 2927 of 2022)
B                               APRIL 20, 2022
              [M. R. SHAH AND B. V. NAGARATHNA, JJ.]
             Land Acquisition Act, 1894 – High Court vide order dated
      12.05.2017 allowed the review petitions filed by Union of India
      and recalled the judgment and order dated 19.10.2001 determining
C
      the compensation at Rs. 2000/- per sq. yard relying upon the decision
      in the case of Bhola Nath, solely on the ground that the decision in
      the case of Bhola Nath which was relied upon by the High Court
      was set aside by Supreme Court vide order dated 08.12.2010 –
      Appellants-land owners filed recall applications, Division Bench
D     refused to recall the order dated 12.05.2017 – On appeal, held:
      High Court recalled the judgment and order dated 19.10.2001
      passed in the regular first appeals solely on the ground that the
      judgment in the case of Bhola Nath, which was relied upon while
      passing judgment and order dated 19.10.2001 in Regular First
      Appeal No. 416/1986 and other allied first appeals was set aside
E
      by Supreme Court vide judgment and order dated 08.12.2010 and
      the matter was remanded – However, it is required to be noted that
      during the pendency of the review petitions, on remand again the
      High Court decided the first appeals in the case of Bhola Nath vide
      judgment and order dated 23.03.2016 and again determined the
F     compensation at Rs. 2000/- per sq. yard – Even against the
      subsequent judgment and order dated 23.03.2016, the SLP preferred
      by the DDA was dismissed by Supreme Court vide order dated
      06.04.2017 – Therefore, when review applications/petitions were
      allowed on 12.05.2017 on the ground that pursuant to the decision
      of this Court in the case of DDA Vs. Bhola Nath Sharma dated
G
      08.12.2010, the first appeals are remanded and pending, in fact
      there was already a decision on remand vide judgment and order
      dated 23.03.2016 and even the SLP was dismissed – Therefore, the
      ground on which the High Court had allowed the review applications
      was thereafter not available – Impugned judgment and order dated
H     12.05.2017 in R.P. No.309/2008 in RFA No.416/1986 and the order
                                      614
 SH. RAM CHANDER (DEAD) THR LRS v. UNION OF INDIA                   615


dated 07.07.2017 in CMA No.23091/2017 in R.P. No. 309/2008 in       A
RFA No. 416/1986 and impugned judgment and order in R.P. No.
310/2008 in RFA No. 453/1986, allowing review petition and
recalling judgment and order dated 19.10.2001 in RFA Nos. 416/
1986 and 453/1986, are quashed and set aside – Consequently,
common judgment and order passed by the High Court dated
                                                                    B
19.10.2001 in RFA Nos.416/1986 and 453/1986 are restored.
     Allowing the appeals, the Court
       HELD: 1.1 The Court have gone through the impugned
judgment and order passed by the High Court in Review Petition
Nos. 309/2008 and 310/2008 in respective Regular First Appeal       C
Nos. 416/1986 & 453/1986. From the orders passed by the High
Court allowing the review applications and recalling the earlier
judgment and order dated 19.10.2001 passed in RFA Nos. 416/
1986 & 453/1986, it appears that the High Court has recalled
the judgment and order dated 19.10.2001 passed in the aforesaid
regular first appeals solely on the ground that the judgment in     D
the case of Bhola Nath, which was relied upon while passing
judgment and order dated 19.10.2001 in Regular First Appeal
No. 416/1986 and other allied first appeals was set aside by this
Court vide judgment and order dated 08.12.2010 and the matter
was remanded. However, it is required to be noted that during       E
the pendency of the review petitions, on remand again the High
Court decided the first appeals in the case of Bhola Nath vide
judgment and order dated 23.03.2016 and again determined the
compensation at Rs. 2000/- per sq. yard. Even against the
subsequent judgment and order dated 23.03.2016, the SLP
preferred by the DDA has been dismissed by this Court vide          F
order dated 06.04.2017. Therefore, when review applications/
petitions were allowed on 12.05.2017 on the ground that pursuant
to the decision of this Court in the case of DDA Vs. Bhola Nath
Sharma dated 08.12.2010, the first appeals are remanded and
pending, in fact there was already a decision on remand vide        G
judgment and order dated 23.03.2016 and even the SLP was
dismissed. Therefore, the ground on which the High Court had
allowed the review applications was thereafter not available.
Under the circumstances, and in view of the subsequent
development, which was even pointed out to the High Court while
                                                                    H
616           SUPREME COURT REPORTS                     [2022] 17 S.C.R.


A     filing the recall application being CMA No. 23091/2017, the
      order(s) passed by the High Court in Review Petition Nos. 309/
      2008 and 310/2008 deserve(s) to be quashed and set aside. [Para
      4][619-G-H; 620-A-E]
            1.2 Even otherwise, it is required to be noted that earlier
B     also while passing judgment and order dated 19.10.2001 and
      allowing RFA Nos. 416/1986 and 453/1986, enhancing the
      compensation at Rs. 2240/- per sq. yard, the High Court relied
      upon the decision in the case of Bhola Nath. It is true that
      subsequently vide judgment and order dated 08.12.2010, the
      decision in the case of Bhola Nath(First) was set aside and the
C     matter was remanded. However, again on remand, the High Court
      has enhanced the compensation to Rs. 2000/- per sq. yard and
      the said judgment dated 23.03.2016 in the case of Bhola Nath
      (second) has been confirmed by this Court as the SLP has been
      dismissed. Therefore, even if the first appeals preferred by the
D     original land owners are heard again pursuant to the impugned
      order passed by the High Court in the review petitions, recalling
      judgment and order dated 19.10.2001, in that case also again the
      court will have to consider and rely upon the judgment in the
      case of Bhola Nath(second), which was earlier also relied upon.
      Therefore, the same will be nothing but an exercise in futility. In
E     any case, the cause and the reasons on which the High Court has
      allowed the review petitions and recalled judgment and order
      dated 19.10.2001 in RFA Nos. 416/1986 and 453/1986, did not
      exist in view of the subsequent development. The impugned
      judgment(s) and order(s) passed by the High Court allowing
F     review petitions hence deserve to be quashed and set aside and
      the judgment(s) and order(s) passed by the High Court given in
      RFA Nos. 416/1986 and 453/1986 are required to be restored.
      [Para 4.1][620-F-H; 621-A-B]
            DDA v. Bhola Nath Sharma; (2011) 2 SCC 54 –
G           referred to.
                            Case Law Reference
      (2011) 2 SCC 54                referred to            Para 2.1
            CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.2926-
      2927 of 2022.
H
 SH. RAM CHANDER (DEAD) THR LRS v. UNION OF INDIA                            617


      From the Judgment and Order dated 12.05.2017 of the High Court         A
of Delhi at New Delhi in Review Petition No.309 of 2008 in RFA No.416
of 1986 and CM No.12160 of 2008.
      With
      Civil Appeal No.2928 of 2022
                                                                             B
      Yashraj Singh Deora, Siddhant Singh, Ms. Prakriti Roy, Ms.
Manmeet Arora, Ms. Nidhi Mohan Parashar, Arpit Kumar Singh,
Chaitanya Roy Wadera, Kartikeya Sharma, Shankar Divate, Advs. for
the Appellants.
     Nachiketa Joshi, Kamlendra Mishra, Ms. Neela Kadar Gokhale,             C
Mrinal Elker Mazumdar, G. S. Makkar, Ms. Astha Tyagi, Advs. for the
Respondent.
      The Judgment of the Court was delivered by
      M. R. SHAH, J.
                                                                             D
      1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 07.07.2017 in CMA No. 23091/2017 and order(s) dated
12.05.2017 in Review Petition Nos. 309/2008 & 310/2008, passed by
the High Court of Delhi at New Delhi, the original land owners –
appellants herein have preferred the present appeals.
      2. The present proceedings have a checkered history. The facts         E
leading to the present appeals in a nutshell are as under: -
        2.1 A notification under section 4 of the Land Acquisition Act,
1894, was issued for acquiring land of the original land owners in village
Jasola, Delhi. The Land Acquisition Officer declared award dated
29.01.1981, awarding compensation at Rs. 3500/- per bigha. The               F
reference court enhanced the compensation to Rs. 22000/- per bigha
vide judgment and order dated 03.05.1986. Thereafter, the High Court
vide judgment and order dated 19.10.2001 enhanced the amount of
compensation to Rs. 2240/- per sq. yard relying upon its own decision in
the case of one Bhola Nath and others Vs. Union of India. At this stage,     G
it is required to be noted that at the time when the High Court enhanced
the amount of compensation in the year 2001 relying upon the decision
in the case of Bhola Nath (supra), the Special Leave Petition (SLP)
filed by the Union of India against the judgment in the case of Bhola
Nath (supra) was already dismissed by this Court on 12.04.1999.
                                                                             H
618            SUPREME COURT REPORTS                        [2022] 17 S.C.R.


A     However, the SLP filed by the Delhi Development Authority (DDA) –
      beneficiary in the Bhola Nath acquisition case came to be allowed
      subsequently by this Court vide judgment and order dated 08.12.2010
      [DDA v. Bhola Nath Sharma; (2011) 2 SCC 54]. The matter was
      remanded to the reference court. On remand, the reference court
      determined the compensation at Rs. 250/- per sq. yard, which was
B
      subsequently enhanced to Rs. 2000/- per sq. yard by the High Court
      vide subsequent judgment and order dated 23.03.2016. The SLP against
      the subsequent judgment and order dated 23.03.2016 passed by the High
      Court in the case of Bhola Nath (supra) came to be dismissed by this
      Court vide order dated 06.04.2017.
C            2.2 Before that and at the relevant time, when the SLP in the
      case of Bhola Nath (supra) against the original judgment and order was
      pending before this Court, the Union of India filed the SLP before this
      Court challenging the judgment and order dated 19.10.2001 passed by
      the High Court in the case of present land owners, which was filed in
D     the year 2007. There was a delay of 2316 days in preferring the SLP.
      This Court dismissed the SLP arising from the judgment and order dated
      19.10.2001 passed by the High Court in Regular First Appeal (RFA)
      No. 416/1986 and other allied first appeals. Despite the dismissal of the
      SLP on the ground of delay, on the very ground that the decision in the
      case of Bhola Nath (supra) which was relied upon while passing the
E     judgment and order dated 19.10.2001 in RFA No. 416/1986 and other
      allied first appeals and determined the compensation at Rs. 2000/- per
      sq. yard was pending, the Union of India filed the present review
      application, which was also after a period of six months of the dismissal
      of SLP. As observed herein above, during the pendency of the review
F     application and on remand to the reference court by this Court in the
      case of Bhola Nath (supra), the High Court again determined the
      compensation at Rs. 2000/- per sq. yard vide judgment and order dated
      23.03.2016 and even the SLP preferred by the DDA against the judgment
      and order dated 23.03.2016 filed in the case of Bhola Nath (supra) came
      to be dismissed by this Court vide order dated 06.04.2017. By the
G     impugned ex-parte judgment and order, the High Court has allowed the
      review petitions and recalled the judgment and order dated 19.10.2001
      in RFA No. 416/1986 and other allied first appeals, determining the
      compensation at Rs. 2000/- per sq. yard relying upon the decision in the
      case of Bhola Nath (supra), solely on the ground that the decision in the
H     case of Bhola Nath (supra), which has been relied upon by the High
 SH. RAM CHANDER (DEAD) THR LRS v. UNION OF INDIA                             619
                 [M. R. SHAH, J.]

Court while passing the judgment and order in RFA No. 416/1986 was            A
set aside by this Court vide order dated 08.12.2010. The appellants herein
having come to know about the impugned order dated 12.05.2017,
allowing review and recalling judgment and order dated 19.10.2001,
immediately preferred a recall application being CMA No. 23091/2017.
It was brought to the notice of the Division Bench that on remand again
                                                                              B
the High Court had enhanced the compensation at Rs. 2000/- per sq.
yard in the case of Bhola Nath (supra) and the SLP against the said
judgment and order has been dismissed by the Supreme Court. However,
by the impugned order dated 07.07.2017 though the High Court has
noted that the aforesaid facts were not brought to the notice of the
Court when it heard and allowed the review petition, the Division Bench       C
of the High Court refused to recall the order dated 12.05.2017 allowing
Review Petition (R.P.) No. 309/2008 by observing that as the appeal
itself was listed before the Roster Bench, it will be open to the original
land owners – appellants to place the above facts before the Roster
Bench for its consideration.
                                                                              D
       2.3 Feeling aggrieved and dissatisfied with impugned order dated
12.05.2017 passed by the High Court in R.P. No. 309/2008 allowing the
said review application/petition and recalling the judgment and order dated
19.10.2001 passed in RFA No. 416/1986 and dismissing the recall
application being CMA No. 23091/2017 by order dated 07.07.2017, the
original land owners – appellants before the High Court in RFA No. 416/       E
1986, have preferred the present appeals being Civil Appeal Nos. 2926
and 2927 of 2022.
      2.4 Similar order has been passed by the High Court in R.P. No.
310/2008 in Regular First Appeal No. 453/1986, which is the subject
matter of Civil Appeal No. 2928/2022.                                         F

      3. We have heard Shri Yashraj Singh Deora and Ms. Nidhi Mohan
Parashar, learned counsel appearing on behalf of the respective appellants
and Shri Nachiketa Joshi, learned counsel appearing on behalf of the
respondent – Union of India.
                                                                              G
       4. We have gone through the impugned judgment and order passed
by the High Court in Review Petition Nos. 309/2008 and 310/2008 in
respective Regular First Appeal Nos. 416/1986 & 453/1986. From the
orders passed by the High Court allowing the review applications and
recalling the earlier judgment and order dated 19.10.2001 passed in RFA
Nos. 416/1986 & 453/1986, it appears that the High Court has recalled         H
620            SUPREME COURT REPORTS                         [2022] 17 S.C.R.


A     the judgment and order dated 19.10.2001 passed in the aforesaid regular
      first appeals solely on the ground that the judgment in the case of Bhola
      Nath (supra), which was relied upon while passing judgment and order
      dated 19.10.2001 in Regular First Appeal No. 416/1986 and other allied
      first appeals was set aside by this Court vide judgment and order dated
      08.12.2010 and the matter was remanded. However, it is required to be
B
      noted that during the pendency of the review petitions, on remand again
      the High Court decided the first appeals in the case of Bhola Nath (supra)
      vide judgment and order dated 23.03.2016 and again determined the
      compensation at Rs. 2000/- per sq. yard. Even against the subsequent
      judgment and order dated 23.03.2016, the SLP preferred by the DDA
C     has been dismissed by this Court vide order dated 06.04.2017. Therefore,
      when review applications/petitions were allowed on 12.05.2017 on the
      ground that pursuant to the decision of this Court in the case of DDA
      Vs. Bhola Nath Sharma (supra) dated 08.12.2010, the first appeals are
      remanded and pending, in fact there was already a decision on remand
      vide judgment and order dated 23.03.2016 and even the SLP was
D
      dismissed. Therefore, the ground on which the High Court had allowed
      the review applications was thereafter not available. Under the
      circumstances, and in view of the subsequent development, which was
      even pointed out to the High Court while filing the recall application
      being CMA No. 23091/2017, the order(s) passed by the High Court in
E     Review Petition Nos. 309/2008 and 310/2008 deserve(s) to be quashed
      and set aside.
             4.1 Even otherwise, it is required to be noted that earlier also
      while passing judgment and order dated 19.10.2001 and allowing RFA
      Nos. 416/1986 and 453/1986, enhancing the compensation at Rs. 2240/
F     - per sq. yard, the High Court relied upon the decision in the case of
      Bhola Nath (supra). It is true that subsequently vide judgment and order
      dated 08.12.2010, the decision in the case of Bhola Nath (supra) (First)
      was set aside and the matter was remanded. However, again on remand,
      the High Court has enhanced the compensation to Rs. 2000/- per sq.
      yard and the said judgment dated 23.03.2016 in the case of Bhola Nath
G     (supra) (second) has been confirmed by this Court as the SLP has been
      dismissed. Therefore, even if the first appeals preferred by the original
      land owners are heard again pursuant to the impugned order passed by
      the High Court in the review petitions, recalling judgment and order dated
      19.10.2001, in that case also again the court will have to consider and
H     rely upon the judgment in the case of Bhola Nath (supra) (second),
 SH. RAM CHANDER (DEAD) THR LRS v. UNION OF INDIA                              621
                 [M. R. SHAH, J.]

which was earlier also relied upon. Therefore, the same will be nothing        A
but an exercise in futility. In any case, the cause and the reasons on
which the High Court has allowed the review petitions and recalled
judgment and order dated 19.10.2001 in RFA Nos. 416/1986 and 453/
1986, did not exist in view of the subsequent development narrated
hereinabove. The impugned judgment(s) and order(s) passed by the High
                                                                               B
Court allowing review petitions hence deserve to be quashed and set
aside and the judgment(s) and order(s) passed by the High Court given
in RFA Nos. 416/1986 and 453/1986 are required to be restored.
       5. In view of the above and for the reasons stated above, all these
appeals are allowed. Impugned judgment and order dated 12.05.2017 in
R.P. No. 309/2008 in RFA No. 416/1986 and the order dated 07.07.2017           C
in CMA No. 23091/2017 in R.P. No. 309/2008 in RFA No. 416/1986 and
impugned judgment and order in R.P. No. 310/2008 in RFA No. 453/
1986, allowing review petition and recalling judgment and order dated
19.10.2001 in RFA Nos. 416/1986 and 453/1986, are hereby quashed
and set aside. Consequently, common judgment and order passed by the           D
High Court dated 19.10.2001 in RFA Nos. 416/1986 and 453/1986, are
ordered to be restored. Now the original claimants shall have to be paid
the compensation determined pursuant to the judgment and order dated
19.10.2001 passed in RFA Nos. 416/1986 and 453/1986 along with all
other statutory benefits which may be available under the Land
Acquisition Act, 1894 to be paid within a period of Twelve weeks from          E
today. Present appeals are accordingly allowed. In the facts of the case,
there shall be no order as to costs.

Divya Pandey                                                Appeals allowed.
(Assisted by : Roopanshi Virang, LCRA)                                         F




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