LAW FOR ALL

Sec.4.5 A and 6 -Section 17(1)/17(4) - Land Acquisition Act -Once Company withdraw her intention to take the land acquired ,the very purpose of all procedure becomes infructuous including directions to refund of the amount - High court quashed the notifications as there is no emergency and with out hearing the objections of tenure holders under sec.5 A - directed to refund the amount - Apex court held that as the company by way of affidavit withdraw from taking lands due to non availability of Gas supply , In these circumstances no further question survives for consideration. We need not go into the question raised on behalf of the tenure holders that once the proceedings were vitiated by fraud and colourable exercise of power, such proceedings could not be revived The direction requiring the Collector to proceed with the enquiry under Section 5A of the Act has been rendered infructuous. Further direction that the tenure holders who had received any amount from the Company and wanted to file objections were liable to refund the same and those who had no objection could seek exemption from refund failing which the Collector could recover the amount paid by the Company as arrears of land revenue also does not survive. Since notification under Section 6 of the Act could no longer be issued at this stage, the question of any tenure holder having or not having objection does not survive for consideration as enquiry under Section 5A of the Act could serve no purpose when notification under Section 6 of the Act can no longer be issued. Direction of the High Court could, thus, no longer be given effect to. In view of the above, the appeals are disposed of as infructuous without prejudice to any other remedy for the Company to recover the amount, if any, paid and for tenure holders to claim damages, if any, from the Company in any other proceedings.= CIVIL APPEAL NOS. 8791-8818 of 2014 [Arising out of Special Leave Petition (C) Nos.36425-36452 of 2009] RELIANCE POWER LTD. …….. APPELLANT VERSUS BABU SINGH AND ORS. ETC. ETC. ….. RESPONDENTS = 2014- Sept. Month - http://judis.nic.in/supremecourt/filename=41928