s^i%S|%^?-^wxi. '^o?%^£^^^ IN THE HIGH COURT OF CHHAT'nSGARH AT BILASPUR First Appeal (M) No. ('b u /2010. ^? g^g Appellants: ^. State of Chhattisgarh through: Non-app^l\c3nts The Collector, Janjgir-Champa (CG) ,...^s^" -^.-••\ ., ^^ '^ \^^ ^""'.-w.-ft" ' ...^ ^.^T" .."••""" ^^' (2) The Land Acquisition Officer, Sakti District Janjgir-Champa (CG) Respondent: Applicant Versus Lakhanlal, S/o Dhansai, aged about 65 years, by Caste Chandra, R/o Village Odekera, Tahsil Jaijaipur, District Janjgir- Champa (CG). APPEAL UNDER SECTION 54 OF THE LAND ACOUISITION ACT,1894. HIGH COURT OF CHHATTISGARH : BILASPUR F.A. fM)No.82of2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa & another Versus Respondent Uderam F.A. (M) No. 83 of 2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa & another Versus Respondent Dinbandhu F.A. (M)No. 84of2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa & another Versus Respondent Nanak Singh F.A. (M)No. 85 of 2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa & another Versus Respondent Chatram F.A. (M)No. 86 of 2010 Appellants State of Chhattisgarh through : The Collector, Janjgir ~- Champa 85 another Versus Respondent RewatiBai F.A. (M)No. 88 of 2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa & another Versus Respondent Lakhanla F.A. (M)No. 89 of 2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Chauipa & another Versus Respondent Udit Narayan F.A. (M) No. 93 of 2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa & another Versus Respondent Sharavandas Shastri .^ ^-^s,.. •S' .1 1%^ F. A. rM)No.96of2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa 85 another Versus Respondent Khamhe Singh F.A. fM)No.97of2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa 85 another Versus Respondent Tejlal Appellants F.A. fM1No.98of2010 State of Chhattisgarh through : The Collector, Janjgir - Champa 85 another Versus Respondent Tulsiram Appellants F.A. fM) No. 100 of 2010 State of Chhattisgarh through : The Collector, Janjgir - Champa 8& another Versus Respondent Tekchand And F.A. (MINo. 129 of 2010 Appellants State of Chhattisgarh through : The Collector, Janjgir - Champa 85 another Versus Respondent Moradhwaj APPEAL UNDER SECTION 54 OF THE LAND ACOUISITION ACT 1894 DB: Hon'ble Shri I. M. Quddusi 85 Hon'ble Shri Prashant Kumar Mishra, JJ Shri Vinay Harit, Deputy Advocate General for the appellants. Shri Brajesh Chandra Mishra, Collector, Janjgir Champa and Shri Ashok Tiwari, Additional Collector, Janjgir Champa are present in person. : Shri feupesh Shrivastava, Advocate for the respondent. '^.. ^^3^ JUDGMENT & ORDBR (OraU ( Passed on this 8th day of March, 2011 ) Per I. M. Quddusi, J. These 13 appeals ( F. A. (M) No.s 82, 83, 84, 85, 86, 88, 89, 93, 96, 97, 98, 100 and 129 of 2010), have been filed by the State of Chhattisgarh against the impugned awards made by the learned Additional District Judge, Sakti, District - Janjgir Champa under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act, 1894'). Since all the awards involve common question offacts and law and the acquisition was made under the Act, 1894 for the public purpose, all these 13 appeals are being decided by the common judgment and order. Section 18 of Part III of the Land Acquisition Act, 1894 reads as under : (<18. Reference to Court.—(1)Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount ofthe compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. (2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made,— (a) if the person making it was present or represented before the Collector at the time when he made his e£'.^\ ii^ ^..^ ^ ^ ^:<.., '^y '^^^^' 4 3. award, within SIK weeks from Collector's award; (b) in other cases, within SIK weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire.?? The dates of the award of the Land Acquisition Officer in these appeals are given below: First Appeal (M) No. 82/2010 83/2010 84/2010 85/2010 86/2010 88/2010 89/2010 93/2010 96/2010 97/2010 98/2010 100/2010 129/2010 Land Acquisition Case No. 36 l/A-82/02-03 233/A-82/2001-02 36l/A-82/2002-03 record is not received 233/A-82/2001-02 record is not received 609/A-82/2002-03 record is not received 390/A-82/02-03 361/A-82/2002-03 record is not received 318/A-82/01-02 64/A-82/03-04 record is not received 64/A-82/03-04 record is not received 36 l/A-82/02-03 64/A-82/03-04 record is not received 609/A-82/02-03 Date of the Award 27.6.2003 28.11.2003 27.6.2003 28.11.2003 15.4.2004 15.12.2003 27.6.2003 31.1.2003 27.9.2006 27.9.2006 27.9.2006 27.9.2006 15.4.2004 4. Thaf thereafter the applications for reference under Section 18 of the Act, 1894 were shown to have been filed mentioning the dates such as 8.1.2004, 4.11.2003, 9.2.2004, 5.1.2004,28.4.2004, 23.3.2004, 11.5.2004and 26.11.2008 (as mentioned in the Table below, in the third column <<date of receipt of the reference/date inentioned on the application") but the order sheets of the Land —-^-r-— ^- :%.. (., -^ .,,^1:.^ ^ \:£y Acquisition Officer do not show any date of f^ling ^pf^the applications and receipt of the same in the office of the Land Acquisition Officer. However, some applications are purported to be made in the year 2003 and some in the year 2004 eteetera but the matter has been referred to the Court i.e. Additional District Judge, Sakti, District - Janjgir Champa, under Section 18 of the Act, 1894 in the year 2009 and it is not known as to why the Land Acquisition Officer had kept those applications for 4 to 5 years with him. Further, learned Additional District Judge, Sakti had not conducted any thorough enquiiy as to whether the application for reference under Section 18 of the Act, 1894 was filed within time or whether the reference was time barred or not and without determining these questions the award was made in a hurried manner by him. The details of receiving of the applications and making of the award under Section 18 of the Act, 1894 are given herein below : First Appeal (M) No. 82/2010 83/2010 84/2010 85/2010 86/2010 88/2010 89/2010 ,93/2010 r96/2010 97/2010 98/2010 100/2010 129/2010 Reference Case No. before Additional District Judge MJC 22/2009 MJC 17/2009 MJC 21/2009 MJC 16/2009 MJC 4/2009 MJC 14/2009 MJC 20/2009 MJC 9/2009 MJC 70/2008 MJC 67/2008 MJC 69/2008 MJC 66/2008 MJC 7/2009 Date of receipt of the reference/Date mentioned,on the application 23.4.2009/8.1.2004 /29.6.2006 23.4.2009/4.11.2003 13.4.2009/9.2.2004 21..1.2009/11.5.2004 13.4.2009/9.2.2004 23.4.2009/5.1.2004 21.1.2009/28.4.2003 5.12.2008/26.11.2008 5.12.2008/26.11.2008 5.12.2008/23.3.2007 5.12.2008/26.11.2008 21.1.2009/11.5.2004 Date of the award under Section 18of the Act, 1894 7.5.2009 25.4.2009 7.5.2009 25.4.2009 6.3.2009 25.4.2009 7.5.2009 11.2.2009 26.12.2008 26.12.2008 26.12.2008 26.12.2008 6.3.2009 5. It is also to be noticed that in these cases as soon as the reference was received learned Additional District Judge, Sakti issued notice to the parties on the same day and fixed the very next date of hearing. For example the reference was received on 23.4.2009, the notice was issued on the same day to the parties and the hearing 1 6 >^^s: 7. 8. was fixed for 24.4.2009 i.e. the veiy next day of the\^at^€)Treceipt of the reference; The record of the Court of Additional District Judge, Sakti, does not show as to how the notices were servred upon the parties on the same day (less than 24 hours) so that the parties were in a position to appear the next day. It is also evident that the matter was proceeded almost daily. In some cases like MJC No. 22/2009, in F A (M) No. 82/2010, though issues were framed but the same were not correctly determined as he decided the reference hurriedly, as is clear from the above chart. Further, learned Additional District Judge has not even seen the record of the Land Acquisition Officer in this regard, which was necessary to be seen to peruse the order sheets and date of receiving of the application for reference etcetra, because the same has a bearing on the question of limitation under Section 18(2) oftheAct, 1894. As it was observed during the course of hearing that in some cases the award was made in the year 2003 and the objections and reference application under Section 18 of the Act, was purported to be moved in the year 2004 but the reference was sent to the Court of Additional District Judge, Sakti in the year 2009, by order dated 24.2.2011 the Collector of the district was directed to enquire and apprise this Court as to what was the impediment to send the reference to the Court within a reasonable time. In compliance of the order dated 24.2.2011 the Collector has submitted only preliminary reports which have been field today through learned Deputy Advocate General Shri Vinay Harit, seeking six months further time to submit the complete report. In the report the Collector has mentioned as under : w^/f'^% -^ " \$4^<h1 ^ ^'ST ^' HsqTcTR) ^arRr plMI'J,'dl^ t :- 1. ^f 10 ^' ^ 6 STiftcT ^T^?UT ^' f^T^ ^TFT-ft^T ^^cT ^TPTTcra ^' f^TT^ 15.11.2010 ^ 22.02.2011 ^t viFTT ^t ^^T t l ^ra^RT RP^IC ^ra? ^t iiicirfl ^t ^PETT Tll^T 'M'd4-! t 1 2. ^^?VT ^ ^iTTft 3rf^pft ^ft T^T.^ft.^TPRra X^f ^'f^RT folRc^T ^ 1E[TT<T Mll-1<frl^ aiTj^TR ?^T 4 y<t»'<uiT ^' ITPT q?r v^i ^€i^3tt a-TT i ^ ^ffft ^r^raT ^<^? ^ii-i^l^ '^5^r ^i^id^ ^ Pi^^ii^tii^ f^rra^ 08.03.11 ^t ^' ^m ^ql^RT ?t ^?T ^ | ^11^41^1 ^^T ^l^lld^l sTRT ^? ^ Pl^Rld f^TT TPFTT t f^ ^q^'^T t^ ^TT^^-T 2004 ^' TTCra?KF ETRT f^TT ^rar t ^R^ Hl'f4l<4 l?.^t.^. -4|A||dA| ^t ^t' 2008 ^' '4uTT ^PTT t, ^H^t vjlf^T ^t vjTPT ^TSTT ^l-l4l^l ^^T ^ll^lld^l ^t ^^ ^ ^ra^RT ^??ft ^TT^ I ^T ^'€T ^" ^TfN^T cb^lcte^ ^t ^TfxT t^ ^rrf^T^^T ^TT ^TT | ^TR^R? vjTTcT ST^HK ^H^' PlMI^I^ Rtl'^lRl^l' TTPft ^ t - 1. 12 1ETcb^ulT ^' ^qr^ MlRd ^t^ ^ ^R ^^ f^cR ^ ^3l|c|vjii mT<r ^TT 1rqr i 2. ' ^TST^RF ^DT y^cl 24 311^-lT ^' ^T^f^ ^T ^Tf^ ST'f^cT t 04 ailT^ff ^f ^R^ft ^T f^-TT^ aiff^cT "-^ t I 3. d^9*1^ ^ "^fcTSET ^fETTf^T STTSW 1tfyft ^' 03 aiTT^T ^T^f ^^ ^T RC|^U| ^jqcT^T t I ?IX ^T ^tf RC|^U| ^qd^T ^€ft 1 4. 3Tpklct^slT ^ 3|c|d)<fr-l ^ ^R MRdf^RT ^TT t f^ ^TRT 18 (2) q?r ^ri^^r 1qF? ^Y? ^r^?TrTr ^" ^ ^ 1T?TTRT arT^TfH PltlIRa 3ra^T ^ ^RRT ^TPTTcPT ^t ^PRT f^TT 7PTT t 1 Rifr^ ^T aTT^T-T f^T fW^ ^t 1E[P<T ^STT. ^^ ^ll^lld'y ^t ^f^T t^qT TPTT ^ ^WTTc'PT ^ I^T f^TT^ ^t f^T^ f^-T ^T? 3riN^ruN ^Tf^r f^rr ^T R^d Rci^ui ^ar^ ^ "<H:cTnT t 1 5: f^'^r i^ ^r^?10T iNi^ wf ^n^^T ^Ri^i foKsi^^ 1gr^^T ^t ^r^ft ^TR ^lr ^t "^ t i ^NT-T ^" ari^^ ^ ^TPT ^ snt^rT q?rr ^t Y5PTT ^r^r, '^-3ivjf'?r ^if^ra^ ^T larf^^T-T ^f ^TPTT^T ^t ^^I^RT $114-1 ^ ^HT^T 'OT^T 3T^T c{^||^vy| ^TcTr-T t | ^FT^ ^? TraT ^T ^lddl t f^ ^?^T: STT^T-T ^f^T f^+14)1 1BTTI<T ^3TT 3»fN ^T-ft ^T^ SRrf^T ^T^ f^^lc^ TTpff ^T'f^T "?gT 1 6. ^-STMf^-T 3Tf^|cb|^ ^ ^PT^ ^rf^ffl^T ^' Pl^llRd ^3n^ ^t 4RIIUI-11 ^t ^t ^ddl^ ^ ^rf^R^T f^TT f f^ ^|C|MI| pl^^l^tll^ 4R4lP)ld f^TT ^PTT t I ^NC ^4^<td ^T^qT ^ 3TraK ^T? d^TFPT 1[R^T ^-SrTvjf^T ^rf^Tft ^aTT ^ral^cT RfPl<frT ^»t W^I^?UT t^, TT3T uTpft ^? f^TT 7T?TT t 1 ^PiT ^T ^feF-T t 1 ^^'T°T ^ R^d vTTEf ^' 6 1qre ^»T ^Fra ^'RTf^T t ^qT^ ^gS srf^Nt ^TT f^wf tft ^t ^ t 1 " 9. In view of the above mentioned facts and circumstances we are of the opinion that this is a serious matter and the then learned Additional District Judge, Sakti was also liable to discharge his judicial functions properly determining the facts and issues and also he should have seen as to whether the reference was made within time or in fact the same was time barred. 10. We are dlso of the opinion that in the present circumstances it would be appropriate if an enquiry and investigation should be conducted by the Crime Branch Criminal Investigation Department (CB CID) to ascertain the truth and also to find out whether there was any conspiracy of the officers of the Land Acquisition Department and others, as if the reference was not made within time and was received showing it within time after quite number of years, the same has been referred to the Court, it will be not only a criminal offence but a huge amount is liable to be involved and becomes the liability of the State to pay from the State exchequer. For this purpose a copy of the order shall be sent to the Director General of Police, State of Chhattisgarh to depute a '( team to enquire/investigate the matter and submit report within three months to the State Government for taking appropriate action. Further, a copy of the report shall be furnished to the Registrar General of this Court, for placing before this bench. 11. The Collector shall also submit his complete report to the State Government with a copy to the learned Additional District Judge, vm. i Sakfi ( Court concerned ) through the Government Pl^adei^so that if any evidence is to be led before the Court below by the Government Pleader the same may be led. However, if any extension of time will be required, learned Deputy Advocate General is not prevented to move such an application according to the actual need before this Court. 12. In the result, we allow all these appeals in part and set aside the impugned awards of the Court below made under Section 18 of the Act, 1894. The matter is remanded back to the Court of Additional District Judge, Sakti for decision afresh, in accordance with law, in the light of the obser^ations made in the foregoing paragraphs. 13. The interim. orders stand discharged in view of the final decision of these appeals. The deposits made under the interim orders in these appeals shall be refunded to the appellant/State but the amount which has already been received by the respondents/private persons shall not be recovered from them due to setting aside of the impugned awards. However, the same shall be subject to the fresh decision of the reference by the Court below and it will be open to the Court below to take the security etc. for the disbursed amount, as in the facts and circumstances so desire, from the respondent. 14. As in most of the cases it has been found that no receiving date has been mentioned and the order sheets is also silent about the date of filing of the application for reference under Section 18 of the Act, 1894, it is directed that the appellant/State shall also -issue directions to the Land Acquisition Officers to maintain records of the Land Acquisition proceedings properly mentioning ^. 15. 16. 10 all necessaiy entries, such as, date of receipt df-^plication, maintaining order-sheets, duly entered in the register, to be maintained, if not already maintained in every offices of the Land Acquisition Officer and seal of the receipt should be there on the applications. In the facts and circumstances, there shall be no order as to costs. Certified copy, as per Rules, by Monday i.e. 14.3.2011. Sd/- I.M.Quddusi Judge Sd//- Prashant Kumar Mishra Judge [ Thakur