{"id":30551,"date":"1999-07-09T00:00:00","date_gmt":"1999-07-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/harbans-lal-malhotra-sons-ltd-vs-union-of-india-and-others-on-9-july-1999"},"modified":"2015-06-17T19:17:13","modified_gmt":"2015-06-17T13:47:13","slug":"harbans-lal-malhotra-sons-ltd-vs-union-of-india-and-others-on-9-july-1999","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/harbans-lal-malhotra-sons-ltd-vs-union-of-india-and-others-on-9-july-1999","title":{"rendered":"Harbans Lal Malhotra & Sons Ltd. vs Union Of India And Others on 9 July, 1999"},"content":{"rendered":"
Delhi High Court<\/div>\n
Harbans Lal Malhotra & Sons Ltd. vs Union Of India And Others on 9 July, 1999<\/div>\n
Equivalent citations: 1999 VAD Delhi 199, 81 (1999) DLT 73, (1999) 123 PLR 4<\/div>\n
Author: C Nayar<\/div>\n
Bench: C Nayar<\/div>\n<\/p>\n
<\/pre>\n
ORDER<\/p>\n
C.M. Nayar, J. <\/p>\n
 1.     This  petition is directed against the respondents for issuance  of  a writ  of certiorari for quashing and setting aside the impugned  Award  No. 1958 dated March 16, 1967 of village Malikpur Kohi and\/or for declaring the
\nsame wholly wrongful, illegal, ultra vires, void and without  jurisdiction, inoperative  and  unenforceable. The copy of the Award has  been  filed  as Annexure A to the writ petition.\n<\/p>\n
 2.   The  respondents acquired large tracts of land including the  land  of the petitioner vide Notification No. F. 4(98)\/64-L&H issued under Section 4
\nof  the  Land  Acquisition Act (hereinafter referred to as  ‘the  Act’)  on January 23, 1965 and subsequent declaration under Section 6 vide  notification  No.  F. 4(98)\/64-L&H dated September 6, 1996.  The  Land  Acquisition Collector  on March 16, 1967 rendered his Award but did not award any  com-\n<\/p>\n
pensation  for factory building lying constructed on the land of the  petitioner. The relevant portions relating to the structures are referred to in the Award and read as follows:\n<\/p>\n
                               “STRUCTURES<\/p>\n
      There  are  pucca structures in field No.1612, 1615 and  part  of field  No. 1616. The factory on this land was erected before  the date  of notification u\/s. 4. The claimant has claimed  compensa tion  of  Rs.  20,000\/- for the factory. The  structures  of  the  factory  requires valuation to be done by the Assistant  Engineer  (Valuation). The land under the factory is being acquired through  this  award.  A supplementary award will be given  regarding  the structures  on  the land after the valuation of  the  structures.   Some claimants have also claimed compensation for their ‘Hauz’ of  Kharia  Mitti. These are very temporary structures of  pieces  of stones, taken from the land. No compensation is from the land. No  compensation  is assessed for the same. There are few  Juggis  in  field  No.  1525 and 1526 which are unauthorised  and  temporary.  These  can  be removed by the occupants and  no  compensation  is assessed for these Jhugees. Two three claimants have also claimed ompensation  for  Bundh,  but at the site there  are  no  bundle  except  daula  (raised boundary of field by means of  earth)  for  which no compensation is assessed.”\n<\/p>\n
 3.   The  learned counsel for the petitioner on the above basis has  sought to argue that since no compensation was awarded for the structures and  the matter was left open the Award was not in conformity with the provisions of Section 11 of the Act inasmuch as the Award has determined the compensation for the land only and the amount of compensation regarding the  superstructures which was standing on such land was left to be decided separately. It is  contended  that  the acquisition proceedings  would,  therefore,  lapse insofar  as  it relates to the portion of the acquired land  on  which  the superstructures and trees were standing on the date the award was made. The controversy which arises in this petition is concluded by the judgments  of Supreme  Court reported as Mohanji & Another Vs. State of U.P. & Others  JT 1995(8)  S.C. 599 and State of Punjab and Others Vs. Sharan Pal  Singh  and
\nOthers . The earlier judgment is  referred to and relied upon in the second judgment as delivered by the Bench of that Court. The relevant passages which will indicate the facts and the findings as  stated by the Court are paragraphs 3, 4, 5, and 6. The same  reproduced as under :\n<\/p>\n
   “3.  The appellant State Government issued notices under  Section 4(1) and declaration under Section 6 of the Land Acquisition  Act
\n     on 1.6.1982 and 17.8.1983 respectively to acquire certain  lands. ubsequently, an award was passed by the Land isition Officer n  25.3.1985.  The respondents challenged the  award  contending  that  the award was not in conformity with Section 11 of the  Act inasmuch  as  the award has determined the compensation  for  the land  only  and the amount of compensation regarding  the  superstructures and trees that were standing on such lands was left to be  decided separately. The appellant herein  (respondent  before the  High  Court) in its written statement took a  stand  in  the  following terms:\n<\/p>\n
      “The award is complete with respect of the land. It was  specifically  mentioned  therein that for the structures and  trees  the award  will be announced separately, because the  assessment  for he  structures and trees standing thereon had not been  received  from the respective departments.”\n<\/p>\n
      4.  However, the High Court has accepted the contention  advanced on behalf of the respondents herein (petitioners before the  High
\n     Court) and held as follows:\n<\/p>\n
      “The  Land  Acquisition  Collector made the  award  on  25.3.1985 relating  to the land and not for the erstructures  and  trees standing  thereon.  The award rendered by  the  Land  Acquisition Collector  was no the one envisaged under Section 11 of the  Act. The  same  envisages the award for the Unit,  namely,  the  land,  buildings and superstructure and standing crops and trees  thereon. The acquisition proceedings would lapse insofar as the  award relates to that portion of the acquired land on which the  superstructures and trees were standing on the date the award has been  made.”\n<\/p>\n
      Aggrieved  by  the  above orders of the High  Court  the  present appeals are filed.\n<\/p>\n
      5.  An identical issue came up before this Court in  Mohanji  Vs.  State of U.P. wherein it was held on 4.8.1995 as follows:\n<\/p>\n
      “A perusal of the award dated 23.9.1986 leaves no doubt that  the compensation  awarded  therein is for the entire  land  measuring   0.99 acres bearing Plot No.1311 belonging to the appellants which was  acquired in the proceeding. It also appears from  the  award that  the valuation report which had been sought from the  public  Works  Department had not been received and, therefore, the  Land  Acquisition  Officer contemplated determination  of  compensation for the building in addition to the compensation awarded for  the  entire  land being made on a subsequent date after the expiry  of  the  specified period of two years under Section 11 of  the  Act.  The  question  is whether in these circumstances it can  be  said that  no award had been made under Section 11 of the Act  in  the roceeding  to result in lapse of the entire proceeding  for  the      acquisition of the land?\n<\/p>\n
 It  is no doubt true that the entire award which is  contemplated  under  Section 11 of the Act by virtue of  the  prescription  in
\n     Section 11-A has to be made within the period of two years  failing  which  the entire proceeding shall lapse.  The  question  is  whether it can be said in the present case that no award has been  made under Section 11 of the Act in this proceeding ? In our view it  cannot be said that no award under Section 11 has  been  made for  the land acquired. Admittedly, compensation has been  deter mined  in the award so made for the entire area of 0.99 acre.  In  view  of the fact that no piecemeal award by making a  subsequent  award after the expiry of the period of two years is contemplated  in law, the award dated 23.9.1986 must be construed as the  whole  award made under Section 11 awarding compensation for the  entire
\n     area of 0.99 acre with no compensation awarded for the  building.  The  appellants, therefore, had the right to  claim  compensation   for  the building by seeking a reference under Section 18 of  the  Act  treating  the award as one in which  compensation  had  been  determined  and awarded only for the entire land  measuring  0.99  acre  but no compensation was awarded for the  building  therein.  The  appellants had  the remedy to claim  compensation  for  the building  in accordance with law treating the award made  as  not     awarding  any compensation for the building. That is, however,  a  different  matter and it does not require any further  consideration  in  this context. It is sufficient to say  that  the  award
\n     dated 23.9.1986 made within the period specified in Section 11-A
\n     of the Act must be construed as an award under Section 11 in  the proceedings for acquisition of the appellants’ land bearing  Plot No.1311 having a total area of 0.99 acre. The contention that the  entire  proceeding  for  acquisition of the land  has  lapsed  by virtue of Section 11-A cannot, therefore, be accepted.”\n<\/p>\n
      6. The ratio as extracted above squarely applies to the facts  of this  case.  Accordingly, we hold that the impugned  award  dated  25.3.1985 within the period specified in Section 11-A of the  Act  must be construed as an award under Section 11 in the proceedings for the acquisition of the lands in question and the  contentions  to  the contrary cannot be sustained. However, we leave open  the  rights  of the respondents to claim compensation for  the  buildings\/trees in accordance with law treating the award already made  as one not awarding any compensation for the buildings\/trees.”\n<\/p>\n
 4.   There  is  no dispute that even in the present case  the  Award  dated March 16, 1967 was made within the statutory period as specified in Section 11-A of the Act and must be construed as an Award under Section 11. In view of  the above settled law, the learned counsel for the petitioner  has  not been  able to substantiate the arguments that in case no Award is  made  in respect of the superstructures the acquisition proceedings will lapse.  The present petition is, therefore, devoid of merit. The same is dismissed  and Rule  is discharged. However, on the basis of the law as laid down  by  the judgment  reported as State of Punjab and Others Vs. Sharan Pal  Singh  and Others (supra) it is left open to the petitioner to claim compensation  for the  buildings\/structures in accordance with law treating the Award as  one not awarding any compensation for such buildings and superstructures. There will be no order as to costs.<\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court Harbans Lal Malhotra & Sons Ltd. vs Union Of India And Others on 9 July, 1999 Equivalent citations: 1999 VAD Delhi 199, 81 (1999) DLT 73, (1999) 123 PLR 4 Author: C Nayar Bench: C Nayar ORDER C.M. Nayar, J. 1. This petition is directed against the respondents for issuance of a […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-30551","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nHarbans Lal Malhotra & Sons Ltd. vs Union Of India And Others on 9 July, 1999 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/harbans-lal-malhotra-sons-ltd-vs-union-of-india-and-others-on-9-july-1999\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Harbans Lal Malhotra & Sons Ltd. vs Union Of India And Others on 9 July, 1999 - 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