NEW REVIERA COOR HOUSING SOCIETY HARJANG SINGH GREWAL [RETD ] Vs. SPECIAL LAND ACQUISITION OFFICER:UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) It is contended by the learned counsel for the appellants that the delay in making the award renders the proceedings under Section 4 (1 and Section 6 declaration lapsed by operation of Section II-A of the Land Acquisition Act. Unfortunately, this point was not argued before the High court. Learned counsel contends that this question was raised in the High court but was not dealt with. It is settled law that this court would consider only matters "dealt with or stated in the order of the High court. Several grounds might have Been raised, but it often times happens that only a few would be argued when the case was heard. We cannot look into the averments made in affidavits filed by the parties in this court. Under these circumstances, it can be assumed that though the contention was raised, the counsel had not argued the matter. Therefore, we cannot permit the counsel, to raise mixed questions or facts of law or disputed questions for the first time in the appeal.

(3.) It is next contended that the Land Acquisition Officer awarded at Rs. 50. 00 per sq. ft. A total extent of 51,000. 00 sq. ft. land is involved in these proceedings and in the city of Bombay it would be difficult for the appellants to acquire alternative flats with the amount offered by the Landacquisition Officer. The theory of restitutive compensation is not applicable to determine compensation under Section 23 (1 of the Land Acquisition Act 1 of 1894. It is also sought to be contended that the respondents admitted in the affidavit filed in the High court that the value of the compensation is much more than what was determined by the Land Acquisition Officer. Since reference proceedings are pending in the High court on the original side for determination of compensation, we decline to go into the question. It is, therefore, argued that a direction may be issued not to have the appellants ejected till the reference proceedings become final. We cannot accede to the contention. Once the award has been made and compensation has been deposited or paid under Section 31 of the Act, the Land Acquisition Officer is entitled to take possession and the possession thereby taken stands vested in the State under Section 16 of the Act free from all encumbrances. Under those circumstances, we cannot give the direction sought for. The appeal is accordingly dismissed. No costs.