Section 18 – Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 54, 64, 66, 89, 90 -- Constitution of India, Article 300A -- Auction sale -- Setting aside of – Acquisition of land by Improvement Trust – Trust failed to pay compensation assessed by Reference Court – In Execution, Trust not appeared despite service of notice – Ex-parte warrant for sale of attached property issued and property sold to auction purchaser – No material irregularity or fraud causing substantial injury to Trust established – Objector neither deposited the decreetal amount nor the amount equal to 5% of the purchase amount for payment to the auction purchaser as is required under Order XXI Rule 89 of the said Code – Though the right in property is not a fundamental right, it is still a constitutional right under Article 300A of the Constitution of India -- A person can be deprived of the rights of the property only in a manner known to law -- Acquisition proceedings in respect of the land in question sought to deprive the owners of their land which had to be paid for in terms of the provisions of the LA Act -- Executing Court’s order affirmed, with cost of Rs. 1 lac.

(SC) Decided on : 02.09.2022

Section 4, 6, 11 -- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), Section 24(2) -- Acquisition of land under 1894 Act -- Lapse of land acquisition proceedings -- Subsequent purchaser – Right of -- Respondent is a purchaser after the publication of notice u/s 4 and 6 of the Act, 1894 and in fact after the award of the Land Acquisition Collector -- Subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act.

(SC) Decided on: 06.05.2022

Section 4, 6, 11 -- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), Section 24(2) -- Lapse of land acquisition proceedings under 1894 Act -- Compensation not offered to the land owners -- Finding of High Court that compensation was not offered to the land owners and therefore the deposit in the Court cannot be regarded as payment of compensation is not tenable – Order passed by the High Court set aside -- Writ petition filed by the respondent dismissed. Manoharlal’s case (2020) 8 SCC 129 = (2020) Law Today Live Doc. Id. 15233 relied.

(SC) Decided on: 06.05.2022

Section 18, 23 -- Acquisition of land -- Market value of acquired land – Assessment of -- Reliance upon market value of land subsequent to notification – Held, though appreciation in price can be presumed, but the market value cannot be assessed by applying suitable deduction in the market value of the land acquired by a subsequent notification.

(SC) Decided on: 05.05.2022