LawDistill
Supreme Court of India

STATE OF UTTARAKHAND vs RAJIV BERRY on 10 August, 2016

Cites 3 provisionsCites 2 judgmentsCited by 0
C.A. No.-006900-006900 - 2009Official PDFBench Ranjan Gogoi, Prafulla Chandra PantAdvocates RACHANA SRIVASTAVA
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6900 OF 2009
STATE OF UTTARAKHAND & ORS.APPELLANTS
VERSUS
RAJIV BERRY & ORS.RESPONDENTS
WITH
CIVIL APPEAL NO.6901 OF 2009
SHASHANK SHARMAAPPELLANT
VERSUS
STATE OF UTTARANCHAL & ORS.RESPONDENTS
JUDGMENT J U D G M E N T

19. So far as the taking over of

possession without notice is concerned, we do

not find the said ground to be substantiated

by the records placed before the Court in

I.A. No.17. Notice to handover possession was

4 (2009) 10 SCC 689

issued on 10th March, 2006 and report of

service of such notice(s) was submitted to

the concerned authority on 16th March, 2006.

Thereafter, possession was taken on 17th

March, 2006. From the Possession

Certificates, which are also on record, we do

not find the contention of the land-owners

that taking over of such possession was

symbolic to be substantiated in any manner.

Consequently, the reliance placed on the

decision of this Court in Raghbir Singh

Sehrawat vs. State of Haryana and others 5 is

not of any consequence.

20. For the aforesaid reasons, we cannot

agree with the conclusion of the High Court

that the impugned acquisition suffers from

any fundamental flaw or illegality which

would require the same to be struck down as

5 (2012) 1 SCC 792

has been done by the High Court in Writ

Petition No.196 of 2006 (impugned in Civil

Appeal No.6900/2009). Consequently, we allow

the appeal filed by the State, namely, Civil

Appeal No.6900 of 2009 and set aside the

order of the High Court dated 1st March, 2007

passed in Writ Petition No.196 of 2006. The

natural corollary of above would be to

dismiss Civil Appeal No.6901 of 2009 which we

hereby do.

21. As we have expressed no opinion on

the entitlement of the any of the parties to

JUDGMENTapportionment of the compensation no order

will be called for in this regard except that

compensation for the acquisition will now be

determined in accordance with the provisions

of The Right to Fair Compensation and

Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013.

22. The appeals as also all the pending

applications including the contempt petition

are disposed of in the above terms.