77 1 1 0 1 0 CWP Noe5758of2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP N05758 of2009 Date ofdecisionl06Ol2011 Rohtash Petitioner Versus r The State ofHaryanathroughthe Collector Sirsa Tehsil and District Sirsa and others e 0 0 CORAM HONBLE MR JUSTICE RAJIVE BHALLA I C5 Present MrAshok Verma Advocate for the petitioner I Mshruti Jain AAG Haryanafor nol to 3 Z MrSeKJain Advocate for no4 and 5 4t8888 14 RAJIVE BHALLA J I The petitioner prays for issuanceof a writ 111the nature of Z 4 certiorari for modiflcation ofthe order dated 18052007 passedby thc lD 4 Divisional Canal Officer SirsaWater ServicesDivision Sirsa 7 Z Counsel for thepetitioner submitsthatafter a longdrawn out Iitigation that culminated in the dismissal of a wnt petitionflled by Ladhu Ram noA the petitionerwas sanctioned a watercourse that traverses the land of noA on paymentof The petitionerfiled an application dated 27062006 before the Divisional Canal 0 fficer for assessment of The Divisional Canal Officer initiated undcr Section 2 l of the HaryanaCanal and Drainage Act 1974 hereinaftcr rcfened lo as Anita 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 78 0 0 CWP N05758 of2009 2 theAct for acquisition ofland and for determination The produced as evidenceof themarketvalue the Collector rates of Nehri Chahi Barani and Gair Mumkin land of villageKharia Tehsil Rania District Sirsa for the years 200405 20050 and 2006 07 The Patwari Halqasubmitteda reportdated 14082006 stating thatmarketvalue of Barani land in villageKharia is Rs1000001 per 1 acre The petitioner also produced the statement of the averagesale 0 priceof different kinds of land for the last Ove yearsfrom 200102 to 0 I 200506 showingtheaverage priceof Barani Iand of villageKharia as 0 I RsA595280 The Canal Patwari deposed that should be Z paidc Rs53393501 per acre The Divisional Canal Officer however brushed aside this C evidenceand awarded cRs000001 lacs per acre and I r assessedthe total amount payablebythe petitioner as RsA2266250 Z 1 Rs31 5001 as the priceof acquiredland and Rsl16250 as 00 chargeson the basis of memo 7 Z dated06042007 issued by the Financial Commissioner and Principal Government of HaryanaRevenucand DisasterManagement informingthe Land AcquisitionCollector Sirsa that the Governmentof Haryana has flxed lTllnlmum floor rates for acquisition ofland the State of Haryanaexcluding certaln areas as RsS000001oer acre It is arguedthatthe memo issuedbythe Stateof Haryanappliesto under the Land AcquisitionAct and notto under the Act Section 21 ofthe Act provides that Anita 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 79 1 0 0 CWP N05758 of2009 3 shall be assessedin accordancewith principles set out under Section 23 of the Land AcquisitionAct 1894 but does not providethat the provisions of the Land Acquisition Act or 111StTUCtiOllS issuedthereunder with respectto floor rates applyto assessment of under the Act In theabsenceof any statutoryprovision 111the Act providing that provisions of the Land Acquisition Acl shall r be read into Section 21 of lhe Act or that instructionsissued underlhc 0 Land Acquisition Act shall applyto or be read into Section 21 of the 0 I Act the Divisional Canal Offlcer had no jurisdiction to relyupon the C5 I memo issued by the Financial Commissioner with respect to Z acquisition under the Land Acquisition Act It is furthersubmilotedthat as no has himself an area of 58 kanalsand 15 I marlas includingthe land soughtto be acquiredc Rs1000001 per C3 Z acre on 1522006 the impugned order granting c RsS000001 per acre is illegaland void andshould be set aside r evm Counsel for the Stateof Haryana and the private Z however submit that instructions issued by the Hnancial Commissionerregarding fixation of Ooor rates for acquisition of land for publicpurpose in the Stateof Haryanaapplyto all Government includingthe canal The assessment of c Rs000001 lacs per acre based upon 111StrUctl OIlS dated 06042007 is therefore legaland valid lt is arguedthat as Section 21 of the Act provides that shall be assesscd 111 accordancewith Section 23 of the Land Acquisition Act lnstructl ons 1 Anita 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 80 0 0 CWP N05758 of2009 4 issued with respectto rates of by the Stateof Haryana shall be applicable while under Section 21 of theAct 1haveheardcounselfor theparties and perused the order The Divisional Canal Officer has assessed c RsS000001 per acre by placingreliance upon instructions daled 1 r 06042007 issued by the Financial Commissioner and Principal 0 0 Government of HaryanaRevenue and DisasterManagement I under the Land AcquisitionAct settingout that the C5 I lTllllUllUm Ooor rate for acquiring land the StateofHaryana Z certainareas shallbe RsS000001 per acre The questionthat requires considcration is whether I lllstructlOns issuedunder the Land Acquisition Act 1894 settingouta Z lTllnlmum rate for paymentof applyto for assessment underSection 21 ofthe Act 10 7 The scope and ambit of the Haryana Canal Drainage Act and Z the Land AcquisitionAct are entirelydifferenl as theyoperatelll differentspheresthe former to regulate canalsand the latterto acquire land for a publicpurpose Section21 of the Act enablesa Divisional Canal Officer to acquireIandfor excavating a watercourse Section21 649requires the Divisional Canal Officer to assess to be paidby a landowner for a watercourse lihrough the land of anotherlandowner Section2149ofthe Act readsas followsl 21 Notice ofAcquisitionof Land2 1 Anita 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 81 40 CWP N05758 of2009 5 619 XXXX 29 xxxx 63 XXXX 41 to be fixedby the Divisional Canal cer On the principlesset out under Section23 of the Land Acquisition Act 1894 shall bepayablebytheshareholdersin proportion to the culturablecommandedarea under the schemeheld byeach one ofthemtotheowner or occupierof any m landforsuch acquisition and onfailureofpayment theamount shall be recoverble as arrears ofland 33 revenue 0 0 I Sub Section 49of Section 21 of the Act providesthat C5 payableunder the Canal Acl shall be assessed lIl Z accordancewith principlesset out under Section 23 of the Land Act Section 2149of the Act does not whether by CC I speciflc referenceor bynecessaryintentprovidethat provisions of the Land Acquisition Act or instructionsissuedthereundershaIIapplyto Z or be readinto the provisions of the Canal Act The use of the word OO orinciple 111 Section 21 of the Canal Act clearlyindicates 7 Z legislative intent to applythe principlesalone of Section 23 of the LandAcquisition Act and not the provisions of the Land Acquisition Act In the absenceof any otherprovisionin the Canal Act providing that the Land Acquisition Act or instructlons issued by the Financial Commissioner for the purpose of under the Land Acquisition Act shall applyto or shall be readinto Section 21 of theCanal Act it would follow that the instructionsissued underthe LandAcquisition Act do not applyto the under Anita 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 82 4 CWP N005758of2009 6 Section 2149ofthe Act To hold otherwise would in essence require the entire Land AcquisitionAct to be read into Section 21 of Act Section 21649 of the Act as referredto hereinbove merelyrequlres that principles enunciatedin Section 23 of the Land AcquisitionAct shall form the basisfor The DivisionaI Canal Offlcer therefore had no jurisdiction to assess compensationon the m basisof instructionsissued by the Financial Commissionersetting out 0 floor rates for acquisition of land underthe Land Acquisition Act The 0 impugned order based upon an erroneous of Section21 ofthe Act and an incorrectapplication of ilnstructionsissuedunder the I Land Acquisition Act must be set aside Z In view of what has beenstatedhereinabove the wnt petltlon 2 is allowed the impugned order is set asideand the matter is remittedto I Lo the Divisional Canal Offlcer Sirsa Water ServicesDivision Sirsa to Z reassess payable to the private within a CO periodofthree monthsfrom thereceiptofa certied copy ofthis order 7 Z Parties are directedto appearbefore tte the Divisional Canal tl Offlcer Sirsa Water ServicesDivision Sirsa on 2102201 1 06Ol2011 I RAJIVE BALLA j shamsher JUDGE r V 1 Anita 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document