COURTFEESEXEMPTED BYWTIFBATION NO.gg6WI>%7QO<Xt. B/C.&ABAS SPECIR83 »NKXEDtiE I&nOFTHECOURrFEESACri87o7 IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATnSGARH FIRSTAPPEAL (M) No.l f / 2009 :(•'•f{ CSBVi.ii APPELLANTS/ Non appticants •^yy u<y ^^v ^.-- ..^y RESPONDENT Applicant 1. Stafe of Chhattisgarh, through Collector, Janjgir-Champa (CG) 2. The Executive Engineer, Minimata Bango Canal Division No. 2, Water Resources Department, Champa, Tah. Champa, Distt. Janjgir- Champa (CG) 3. Land Acquisition Officer, Hasdeo Project Janjgir, Distt. Janjgir- Champa (CG) VERSUS Phoolbai, W/o Jethuram Sahu, aged about 65years, R/o Village - Podishankar, Tah. Champa, Distt. Janjgir-Champa (CG) MEMO OF APPEAL UNDER SECTION 54 OF THE LAND ACQUISITION ACT HIGH COURT OF CHHATTISGARH AT BILASPUR »• APPELLANTS RESPONDENTS APPELLANTS RESPONDENTS APPELLANTS RESPONDENTS APPELLANTS RESPONDENTS APPELLANTS RESPONDENTS APPELLANTS RESPONDENTS F.A.M. No.46/2009 State of Chhattisgarh ari another Versus Raghuraj Singh and another F.A.M. No.47/2009 State of Chhattisgarh and another Versus Kheekhram F.A.M. No. 48/2009 State of Chhattisgarh and another Versus Manjrulal F.A.M. No.49/2009 State of Chhattisgarh and another Versus Phoolbai F.A.M. No.50/2009 State of Chhattisgarh and another Versus Sunderlal Sahu F.A.M. No. 51/2009 State of Chhattisgarh and another Versus Yadav Rara Sahu PRESENT:- Shri G.D. Vaswani, Govt. Advocate, for appellant/State. Shri Anoop Majiundar, Advocate for the respondent No. 1. APPELLANTS RESPONDENTS F.A.M. No. 52/2009 State of Chhattisgarh and another Versus Mitthulal PRESENT:- Shri G.D. Vaswani, Govt. Advocate, for appellant/State. None appears for the respondent No. l. SB:- HON'BLE SHRI N.K. AGARWAL. J O^R AL ORDER (10-2-2011) f^g^^^^ ' .,^si'~-;~*^k /"^"^:'K:,•••t), y '.! <.:;;^''-. '«<:<";, !a. '1'3 '"€^&^ ,...^ Since common question of law and fact arises in FATfl No.' 46/2009,' 47/2009, 48/2009, 49/2009, 50/2009, 51/2008 and 52/20098, therefore, they are being disposed of tfy this comm.on order. The instant appeals have been preferred by the appeUants challenging legaUty and propriety of the award passed by the reference Court in the above referred cases. Facts of the case are as under:- Pursuant to notification under the Land Acquisition Act, the lands which are subject matter of the instant appeals have been acquired by appellant No. 3 under Land Acquisition Act and award was passed on 28-2-2003. Being dissatisfied with the Eunount of compensation proposed by the land acquisition officer, the respondents herein filed an application for referring the matter to District Judge for determination of compensation under Section 18 of the Act. The same was allowed and the matter was referred to the District Judge for re- determination of the compensation. The matter was transferred to the Additional District Judge, Janjgir who registered all the cases separately, recorded statements of claimants separately and compensation has been re- determined by the awards itnpugned. The learned court below has passed the above award relying upon the documents said to be exhibited as Ex. P- 1 to P-15 in every case whereas a bare perusal of the record of all the cases would reveal those documents are part of record of MJC No. 9/08 (Manjrulal -v-.State) only. It is not in dispute that leamed court below has not passed any order for consQlidated hearing. Even in the award, it has not been mentioned that the court below is relyii^g the document which were filed and proved in MJC No. 9/08 and as such, on the face it appears, the awards have been passed on the basis of documents which were not part of the record. The above irregularity is material irregularity which goes to the root of the matter. Therefore, without entering into ^ r K'.SSS--^ y^ 'w % i %&. y 1 IA^'J 7, ^ the merits of the case, in my considered opinion, the awards passed by the court below in all the cases are not sustainable in law, deserves to be and is hereby set aside. The appeals are allowed in part. All the matters are remitted back to the court below for determination of compensation after giving opportunity to every claimant to file docuinents in each and every case, to adduce evidence/ additional evidence, to re-examine fhe witnesses which have already been exaniined and to detemiine the compensation in accordance with law on its own merit. Looking to fhe fact that the matters are very old, learned trial court shall decide the matter as early as possible preferably within a period of sbc months from the date of receipt of a copy of this order. The observations, if any, made hereinabove, shall not be construed as opinion of the court on merit. 8. The appeal is allowed to the above extent. No order as to costs. 9. The Registry is directed to send back the papers, requisitioned from the Tribunal, forthwith. Sd/- N.K. Agrawal Judge \