2008 (11) TMI 662 - SC - Indian Laws

Whether the first respondent/writ petitioner was entitled to payment of any compensation from the appellant for occupation of the land for over a period of 35 years? Whether all the notifications issued under the provisions of the Land Acquisition Act, 1894 including the award passed and the reference made to the Civil Court are to be set aside?

Issues Involved:
1. Delay and laches in filing the writ petition.
2. Disputed questions of fact regarding the title and ownership of the land.
3. Whether the High Court properly exercised its jurisdiction under Article 226 of the Constitution.
4. The effect of oral statements and affidavits made by government officials.
5. The conduct of the State Government in the litigation process.

Detailed Analysis:

1. Delay and laches in filing the writ petition:
The appellant contended that the writ petition should have been summarily dismissed due to the respondent approaching the court after more than 35 years of losing possession of the land. The Supreme Court emphasized that under Article 226, the jurisdiction to issue writs is highly discretionary, and inordinate delay in moving the court is an adequate ground for refusing relief. The High Court failed to record any finding on this plea, which was a significant oversight given the long delay.

2. Disputed questions of fact regarding the title and ownership of the land:
The appellant argued that several disputed questions concerning the title of the land arose, which could not be satisfactorily adjudicated in a proceeding under Article 226. The High Court relied on oral statements and vague averments to dispose of the writ petition, without addressing whether the Trust continued to be the true owner of the land. The Supreme Court noted that the High Court did not consider the effect of the writ petitioner filing the petition as an individual without impleading the Trust as the petitioner. The High Court also ignored the respondent's statement about his representation to the Tehsildar to record his name as an "heir," which was inconsistent with the claim of the Trust's ownership.

3. Whether the High Court properly exercised its jurisdiction under Article 226 of the Constitution:
The Supreme Court criticized the High Court for not considering whether the reliefs claimed could be granted in a public law remedy under Article 226. The High Court did not take into account whether the writ petition involved complex and disputed questions of facts, whether the petition revealed all material facts, and whether the petitioner had an alternative or effective remedy. The High Court's approach was deemed inappropriate as it did not fully evaluate the relevancy and effect of the statements and affidavits presented.

4. The effect of oral statements and affidavits made by government officials:
The High Court relied on an oral statement made by government officials and vague averments in the appellant's affidavit to dispose of the writ petition. The Supreme Court found that such statements and averments did not amount to recognizing the respondent's title to the land. The High Court should have weighed and evaluated the relevancy and effect of these statements in adjudicating the case. The Supreme Court highlighted that courts are not relieved of their burden to evaluate such statements in determining the issues between the parties.

5. The conduct of the State Government in the litigation process:
The Supreme Court expressed grave concern over the State Government's conduct, noting that it failed to file proper affidavits and produce relevant records. The State remained a silent spectator without effectively participating in the proceedings. The Supreme Court emphasized that the State has a constitutional obligation to place true and relevant facts before the court and assist in the adjudication process. The Supreme Court called for immediate remedy to this malady and hoped for better conduct from the State in future cases.

Conclusion:
The Supreme Court set aside the impugned orders and remitted the matter for fresh consideration by the High Court on merits. All notifications issued under the Land Acquisition Act, 1894, including the award and reference to the Civil Court, were also set aside. The parties were given liberty to supplement their pleadings and file additional documents. The Supreme Court did not express any opinion on the merits of the case, leaving all contentions open for determination by the High Court. The Supreme Court also made critical observations about the State Government's conduct, urging it to assist the court by filing proper affidavits and documents in future cases.

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