TaxTMI 
TaxTMI 
2009 (2) TMI 798
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....hool, however, sent a requisition before the State of Uttar Pradesh for acquiring the entire 23,000/- sq. ft. of land on or about 22.7.1976. A notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter for the sake of brevity called and referred to as 'the said Act') was issued pursuant thereto on or about 7.9.1976 and published in the Official Gazette on 6.10.1979. A declaration in terms of Section 6 of the Act was issued in respect of the entire land measuring 23,000 sq. ft on 6.10.1979. 4. Shri N.K. Bhargawa, predecessor-in-interest of the contesting respondents filed a writ petition challenging the legality and/or validity of the said notifications under Sections 4 and 6 of the Act. A Division Bench of the said Court, by a judgment and order dated 26.5.1998 found the said notifications under Sections 4 and 6 to be unsustainable and quashed the same, inter alia, holding : "The learned counsel for the respondent Society submitted that since the proceedings before the Land Acquisition Collector does not have the character of judicial proceedings in the formal sense, therefore, it was for the petitioner to pursue his objections in the right earnest and demand ....
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....eding-sheet dated 6.3.2003 reads is as under : "Mr. Rai Prakash Gupta, learned counsel started his arguments at 11.30 AM and concluded at 12.40 PM. Thereafter, Mr. Shanti Bhushan, learned senior counsel addressed the Court upto 2.35 PM. Mr. Dushyant Dave, learned senior counsel started his arguments and was on his legs when the Court rose for the day. The matters remained part-heard. List on 21.04.2003 at 2.00 PM as part-heard. Learned counsel appearing for the State of U.P. is directed to make available the entire record of land acquisition on the adjourned date of hearing. Written submissions, if any, be filed on or before 15.04.2003." 7. We may place on record that the contesting respondents herein contend that the matter was adjourned in view of oral observations made by this Court to the effect that 'the contesting respondent should not have any objection if the High Court's judgment is affirmed to the extent of 6,000 sq. ft. of land'. The State of Uttar Pradesh thereafter affirmed an affidavit stating therein that in terms of such observations made by this Court, a proposal was initiated for denotification of 6,000 sq. ft. of the total area of the land. It was recorde....
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....ct that the validity of the notification issued under Section 4(1) and declaration under Section 6 of the Act having been upheld by the Supreme Court, the appellant was entitled the relief prayed for in the writ petition, purported to the order of this Court dated 22.2.2005. 11. Mr. S.B. Upadhyay, learned senior counsel appearing on behalf of the State of Uttar Pradesh, on the other hand, would contend that this Court having passed the order in terms of the contention made by all the respondents therein including the appellant herein, no relief can be granted in its favour. 12. Mr. Mukund, learned counsel appearing on behalf of the contesting respondents, urged : (1) A consent order must be read in its entirety and the judgment and order of this Court dated 22.2.2005 so read having regard to the backdrop of events would clearly show that the appellant was the real beneficiary thereof and in that view of the matter, it cannot be permitted to approbate or reprobate at the same time. (2) The purported liberty granted by this Court to challenge the legality or the validity of the notification dated 5.11.2004 cannot be construed to mean that the appellant is entitled to challenge a ....
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.... irresistible inference would, therefore, be that no amount of so-called laudable object of the respondent Society in running its affairs could justify the instant acquisition if it was not shown to be covered by the situation and purpose envisaged by Section 40(1)(a) of the Act which as mentioned hereinbefore restricts the acquisition only to the purpose of erection of dwelling houses for the workmen employed by it or for the provision of amenities directly connected therewith; and certainly the expansion of the school building belonging to the respondent society was not covered under the either of these two situations. The contention that the Society was being run on charitable basis is neither supported by any material on record nor has any worthwhile bearing on the statutory scheme as discussed in the proceeding para. In the Constitution of the society produced before the Land Acquisition Collector there is not even a whisper about the charitable nature of the Institution. Neither in the documents nor in any averment raised before this court in the counter affidavit filed at different stages by the respondent Society any indication was given that any seats for the admission of....
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.... 6 were invalid. In law that is so. But then, the State on the same logic could not have been permitted to take recourse thereto unless and until the judgment and order passed by the High Court declaring the notification under Section 4(1) and the declaration under Section 6(1) invalid was set aside. It is in the aforementioned backdrop, the question was mooted to uphold the notification in respect of 17,000 sq. ft. of land upon denotifying 6,000 sq. ft. thereof. The decision must, therefore, have been taken keeping in view the aforementioned objective. 19. Legally, appellant is not a party to the said decision making process but the entire exercise taken by the State of Uttar Pradesh either on its own or on the basis of the observations made by this Court. It could not have been initiated and/or given effect to without consent of the appellants. Even if there was no explicit consent, implicit consent is evident. Even otherwise in a case of this nature, the doctrine of acceptance sub-silentio must apply. [see Ramji Dayawala & Sons (P) Ltd. v. Invest Imports (1981) 1 SCC 80]. 20. The order dated 22.2.2005 passed by this Court must, therefore, stand or fall in its entirety. Concede....
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....cepted the amount of compensation deposited. Contesting respondents only, thus, were on the other side. If the High Court's judgment was to be set aside, it was to be set aside in its entirety and not a part of it. However, the contesting respondents could not have insisted that the entire notification should be set aside as their interest in the land was confined to 6,000 sq. ft. only and upon issuance thereof, they ceased to have any locus to question the entire notification. 22. Indisputably, in view of the decision of this Court, the principles of natural justice had to be followed before issuance of the denotification under Section 48. It was so held in Larsen & Toubro Ltd. v. State of Gujarat [(1998) 4 SCC 387] in the following terms : "31. Principles of law are, therefore, well settled. A notification in the Official Gazette is required to be issued if the State Government decides to withdraw from the acquisition under Section 48 of the Act of any land of which possession has not been taken. An owner need not be given any notice of the intention of the State Government to withdraw from the acquisition and the State Government is at liberty to do so. Rights of the owner are....
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....ise that the same would lead to a useless formality or that the person concerned, in fact, did not suffer any prejudice. It is trite that a party may waive his right of hearing by his conduct. It is furthermore well settled that a fact admitted need not be proved. Indisputably, the appellant was a party to the decision. The decision was based on the consent of the respondents which, in the facts and circumstances of this case, must be held to have included the appellants herein also. 24. A judgment rendered by a court of law and in particular a consent order, it is trite, must not only be construed in its entirety but also having regard to the pleadings and conduct of the parties. {See N.K. Rajgarhia v. Mahavir Plantation Ltd. [(2006) 1 SCC 502 paragraph 19]} 25. Judgment on consent in this case was passed only in view of Section 48(1) of the Act and not on any other premise. Appellant is the only beneficiary of the said order as by reason thereof, the judgment of the High Court in respect of 17,000 sq. ft. of land was set aside. By reason thereof, the possession of the appellant was protected as otherwise it was bound to hand over the vacant possession to the landladies pursuant....