0^ ^y^ a^a IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) FIRST APPEAL (M) N0. f ^ ^ OF 2010 APPELLANTS NON - APPELLANTS RESPONDENT APPLICANT^t^ ^^5^Afi sse^'"" ' .....••••" ^ ^e' 1. State of Chhattisgarh, Through : the Collector, Janjgir, District Janjgir Champa (CG.) 2. The Land Acquisition Officer, Hasdeo Bango Project, District Janjgir Champa (CG.) VERSUS Bhajan Lal, aged about 53 years, ^•BU':^<AAA)(/^ s/° Mansai Bhaina, R/o Village Navagaon, Tahsil Champa, District Janjgir Champa. APPEAL UNDER SECTION 54 OF THE LAND ACQUISITION ACT [Claim in appeal valued at Rs. 7,01.,319/- per sq. raeter) HIGH COURT OP CHHATTISGARH. BILASPUR DB: Hon'ble I. M. QUDDUSI & Hon'ble G. MINHAJUDDIN, JJ APPBLLANT: RESPONDBNT8: APPBLLANT: RE8PONDBNT8: P.A(Mt No.125/2010 State of Chhattisgarh and aaofher Vs. Paranu F.AtMl N0.136/2010 State of Chhattitegarh and aaother Vs. Bhajanlal APN^yA_UNDBR SBCTIONS 54 OP THB LAND ACQUISITION ACT.1894 Aopearance: Mr. Vinay Hadt, Deputy Advocate General, for the State/appeUants, None for fhe respondents. ORAL ORDBR (30.06.2011) Per I.M. QUDDUSI* J. 2. List is beiag revised. Case is agaia called out. No one appears on behalf of the rcspondent(s) even when fhe matter is caUed twice. However, Mr. Viaay Harit, Deputy Advocate General appears on behatf of fhe AppeUants. Therefore, we proceed exparte agamst the respondent(s). Since bofh fhe appeals mvolve common question of facts aad law aad fhe acquisition wa8 made under fhe Laad Acquisition Act, 1894 for the pubUc purpose, fhese two appeals are beiag decided by this coinmon order. ^t^ /.^- N ,.'•', ••^ ;^>y^ ^ ./\^ ^ 3. The delay m filiag fhe appeals has already been condoned. EarUer, fhe bunch appeals mcludiag F.A(N9. Nos. 82, 83, 84, 85, 86, 88, 89, 93, 96, 97, 98 100 & 129 of 2010 have been decided by fhis Court by order dated 08th March, 2011^ fherefore, beiag ia parity wifh fhose cases, we are iacliaed to decide fhese two mstaat appeals ia terms of fhe said order, 4. These appeals have been filed by the State of Chhattisgarh under Section 54 of the Laad Acquisition Act, 1894 (for short <fhe Act' 1894) agaiast fhe irapugned award dated 07.11.2008 passed separately by fhe leamed AddL Distdct Judge, Sakti, Distarict Jaajgir Chaxapa ia M,J.C. No.64/2008 & M.J.C.No.65/2008 ansing out of the land acquisition case No.6/A-82/2005-2006. 5. Brieffacts offhe case io. a nutsheU are the Land Acquisition Officer, Hasdeo Ban^go Project, Jaajgir passed the order dated 29.03.2008 graating certaia coDipensation to fhe respondent(s). Being dissatisfied wifh the compensation, fhe rcspondents have filed application dated 31,07.2008 before fhe Laad Acquisition Officer u/s 18(2) offhe Act aad fhe said application was received by fhe Addl, District Judge, Sakti on 25.10.2008. It appears that the leamed ADJ on the same date issued notice ffadng ffae next date on 31,10.2008 for appearance ofboth fhe pardes, filing written statement aad documents and for framiag issues, The witaesses have been exainicied on 04.11.2008 aad witihin a short spaa of tiuaae from the date of notice, fhe impugaed award was passed on 07.11.2008 by fhe learaed Addl. t^^";\ I ^-i J ^ Distdct Judge directmg the appeUants to pay compensation @ Rs.440/- per sq. meter treating the laad ia question as usable for residential purpose. 6. It is relevaat here to quote Section 18 ofPart III offhe Laad Acquisition Act, 1894 which reads as under: "18. Reference to CSourt.—(1) Any person interested who has not accepted fhe award may, by written appUcatioa to fhe Collector, require fhat the niatter be referred by fhe Collector for fhe deterrmnation of fhe Court^ whefher his obj'ection be to fhe nieasurenient of fhe laad , the amount of fhe couipensation^ fhe persons to whoni it is payable, or the apportioniaent of fhe coinpensation acaong the persons iaterested, (2) The appUcation shaU state fhe grounds on which objection to the award is taken: Provided fhat every such appUcation shaU be made^ (a) if fhe person makiag it was present or represented before the CoUector at the time when he made his awanl, wifhin six weeks from fhe date of fhe CoUector's award; (b) in other cases, within six weeks of the receipt of fhe notice firoia fhe CoUector under section 12, sub-section (2), or withia six months from the date of fhe CoUector's award, whichever period shall first expire." 7. The appUcation dated 31.07.2008 prcferred by tlie respondent(s) were referred by fhe Land Acquisitlon OJB5cer vide reference dated 23.10.2008 which was received by fhe First Addl. District Judge, Sakti on 25.10.2008. It is surpnsiag to note fhat on the veiy same day^ fhe Distorict Judge^ Sakti fixed the date for 31.10.2008 directmg to send notice to fhe appeUaat at viUage Navagarh, Tahsil ChamRa ^\ •^ ;^& 3 ,'/ ..'^ ''^;;^~'i:' ^;^ as weU as Laad Acquisitk>n Officer Hasded Bango Pariyojna aad CoUector Jaajgir Champa aiid immediately fhe proceediags were concluded in a hasty inaaner on 07.11.2008 wifhout considermg fhat whether the appUcation filed u/s 18 offhe Act was tiiae barred or nofc 8. In view of fhe above, fhese appeals arc liable to be aUowed ia part setting aside fhe impugaed awards of the Court below. Accordiagly, we set aside the awards dated 07.11.2008 and icmit the matters back to fhe Court of Addl. Distdct Judge^ Sakti for decision afi-esh iu accordaace wifh law ia fhe foUowiag terms : That the mterim orders staad discharged m view of fhe final decision. The deposits made under fhe iaterim orders ia these appeals shall be refunded to fhe appellaat/State but fhe amounts which have alrcady been received by fhe respondent(s)/private person(s) shaU not be recovered fiToia theni due to settiag aside of fhe uapugned awards. However, fhe same shaU be subject to fhe fi^esh decision of fhe reference by fhe Co-urt below aad it wiU be opeu to tlie Court below to take fhe security etc., for the disbiirsed aniount frosi fhe respondent(s) if fhe circiunstaaces so warraat^ 9. In fhe resiilt, fhe appeals arc aUowed iix part, No order as to cost, Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge Rao