- 1 - - 1 - - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2932 OF 2001 WRIT PETITION NO.2932 OF 2001 WRIT PETITION NO.2932 OF 2001 1. Mr.Ramgonda Layappa Birajdar 2. Mr.Annappa Shivappa Chougule 3. Mr.Ramgonda Tipanna Birajdar 4. Mr.Annappa Madappa Suslad 5. Mr.Chandsaheb Lalasaheb Sanadi 6. Mr.Somling Avadhoota Birajdar 7. Mr.Bileni Gadajappa Todalbagi 8. Mr.Sidgonda Genappa Birajdar 9. Mr.Vithal Gadajappa Todalbagi 10. Mr.Madappa Malappa Patadodar 11. Mr.Amsiddha Somanna Patil 12. Mr.Mallikarjun Annaraya Patil 13. Mr.Chidanand Annaraya Patil 14. Mr.Somling Tippanna Birajdar 15. Mr.Ramchandra Kamgonda Khot 16. Mr.Shivappa Bhimanna Suslad 17. Mr.Mirasaheb Alisaheb Sanadi 18. Mr.Suresh Amsiddha Mailpure (All Nos. 1 to 18 abvoenamed, adults, Occ: Agriculturists, r/o At & Post Bhivargi, Taluka-Jat, District-Sangli) 19. Mr.Siddhana Sabu Sutar 20. Mr.S.T. Junnedi (Makandar) 21. Mr.Basappa Irappa Sutar 22. Mr.Arjuna Sabu Sutar (All Nos.19 to 22 abovenamed, adults, Occ:Agriculturists, r/o At & Post Karajgi, Taluka-Jat, District:Sangli.) ...Petitioners. Versus 1. Special Land Acquisition Officer No.6, having his office at Mehsool Bhuvan, Miraj,Dist-Sangli. 2. The Collector, District-Sangli, Sangli. 3. The Divisional Commissioner, - 2 - - 2 - - 2 - Pune Division,Pune 4. The State of Maharashtra through its revenue and Forest department, Mantralaya Mumbai. (All respondent Nos.1 to 4 abovenamed are to be served through the Additional Government Pleader, Appelalte Side, High Court, Mumbai. ..... Respondents. -- Shri R.V.More for the petitioner. Shri A.A.Kumbhakoni, Associate Advocate General with Shri S.R.Nargolkar,A.G.P. for Respondent Nos. 1 to 4. -- WITH WITH WITH WRIT PETITION NO.1437 OF 2002 WRIT PETITION NO.1437 OF 2002 WRIT PETITION NO.1437 OF 2002 1. State of Maharahstra through Collector, District Sangli 2. Special Land Acquisition Officer No.6, Sangli 3. Commissioner, Pune Division having their office at Council Hall, Pune. 4. Principal Secretary, Department of Revenue and Forests, State of Maharashtra,Mantralaya, Mumbai. .. Petitioners. Versus 1. Shri Apparaya Amagonda Khade 1A. Shri Malasidha Amagonda Khade 2. Shri Shivalinga Mallappa Dugane 3. Shri Shivalinga Mallappa Dugane 4. Shri Jindabai Mohd. Mullah 5. Shri Bismilla Sahebso Makandar - 3 - - 3 - - 3 - 6. Shri Hussainbi Gulab Makandar 7. Shri Hasim Peer Suleman Mullah 8. Shri Pandhari Bhimanna Bajbalkar 9. Shri Mariappa Kariappa Khilare 10. Shri Bialani Ningappa Ugar 11. Shri Manageni Rama Duga 12. Shri Kashinath Rama Dugal 13. Shri Appa Rama Dugal 14. Shri Sidha Rama Dugal 15. Shri Apparaya Sabu Kaikadi 16. Shri Raju Sabu Kaikadi 17. Shri Girmalla Ningappa Bijargi 18. Shri Basavanta Bapuraya Patil 19. Shri Kallappa Rama Bajbalkar 20. Shri Bassappa Annappa Birajdar (Patil) 21. Shri Hanumantha Annappa Birajdar 22. Shri Erappa Annappa Birajdar 23. Shri Amagonda Appa Birajdar 24. Shri Belan Sidha Deo 25. Shri Somaling Sivappa Birajdar 26. Shri Malleshpa Bapuraya Patil 27. Shri Mallikarjun Annaraya Patil 28. Shri Annaraya Shivgonda Patil 29. Shri Chidananda Annaraya Patil 30. Shri Basavraj Annaraya Patil 31. Shri Shankargonda Honagonda Patil 32. Shri Tamaraya Amagonda Bagali 33. Shri Ramu Ishwar Chouraghol 34. Shri Laxman Ishwar chourghol 35. Smt.Savithri Sidharood Jatti 36. Smt.Savithri Sidharood Jatti 37. Smt.Laxmibai Nilappa Bijargi 38. Shri Somaling Avadhut Birajdar 39. Shri Ningappa Sidharam Jadaver 40. Shri Matkari Mudappa Jadaver 41. Shri Avadhut Amanna Jadaver 42. Shri Mallappa Amanna Jadaver 43. Shri Vittal Gadageppa Todalbagi 44. Smt.Gangabai Mallappa Patil 45. Shri Abanna Majappa Pujari 46. Shri Shivappa Abanna Pujari 47. Shri Somanna Sidgonda Birajdar 48. Shri Bilyan Sidhadeo 49. Shri Amasidha Avadhut Birajdar 50. Shri Sidhagonda Jeneppa Birajdar 51. Shri Amanna Rangappa Birajdar 52. Shri Bilayani Sidhadeo 53. Shri Somling Madappa Birajdar 54. Shri Avadhut Madappa Birajdar 55. Devasthan Vyavasthapan Samiti, - 4 - - 4 - - 4 - Western Maharashtra, Kolhapur. 56. Shri Bilayani Sidhadeo 57. Shri Kulasumbi Abbas Makandar 58. Shri Bilayani Sidhadeo 59. Shri Avanna Maharaja Jadevir 60. Shri Gopal Muttyappa Vadipaj 61. Shri Biayani Sidhadeo 62. Shri Madappa Birajdar 63. Devasthan Vyavasthapan Samiti, Paschim Maharashtra, Kolhapur. 64. Shri Bilayani Sidhadeo 65. Shri Sidhappa Ogyappa Birajdar 66. Devasthan Vyavasthapan Samiti, Paschim Maharashtra, Kolhapur. 67. Shri Bilayani Sidhadeo 68. Shri Anagonda Ningappa Narute 69. Shri Shankargonda Vangonda Patil 70. Shri Reveangonda Vangonda Patil 71. Shri Mahadeo Bhimrao Pujari 72. Shri Revensidha Birajdar 73. Shri Annaraya Shivagonda Patil 74. Shri Sangappa Sidaningappa Bijargi 75. Shri Bilyani Sidaningappa Todalbagi 75A. Shri Lingappa Sidaningappa Todalbagi 76. Shri Somalinga Madappa Birajdar 76A. Shri Avadhut Madappa Birajdar 77. Negonda Sidhappa Birajdar 78. Shri Balasaheb Sidhappa Birajdar 79. Shri Appasaheb Sidhappa Birajdar 80. Shri Yashwant Sidhappa Birajdar 81. Shri Ogyappa Sidhappa Birajdar 82. Shri A.P.K.Mother Putlabai 83. Shri Madappa Avadhut Birajdar 84. Shri Shankar Kamgonda Khot 85. Shri Kamanna Bhimanna Karande 86. Shri Basappa Adyappa Rajgare 87. Shri Bhimanna Ogyappa Karande 88. Shri Sujakka Ogyappa Karande 89. A.P.K. Kanchan Bhimanna Karande 89A. Shri Koteba Bhimanna Karande 90. Shri Amanna Rangappa Birajdar 91. Shri Hussainso Abdulso Makandar 92. Shri Sadhashiv Thippanna Pujari 93. Shri Avadhut Gadgeppa Todalbagi 94. Smt.Krishnabai Sidhappa Todalbagi 95. Shri Bilayani Sidhadeo Vahivatdar 96. Shri Madgonda Punagonda Pujari 97. Shri Amagonda Iragonda Bagali 98. Shri Somesh Iragonda Bagali 99. Smt.Rakmabai Iragonda Bagali - 5 - - 5 - - 5 - 100. Shri Basavant Iragonda Bagali 101. Shri Shivagonda Iragonda Bagali 102. Shri Ramesh Iragonda Bagali 103. Smt.Akubai Namdeo Patil 104. Shri Gagangonda Iragonda Bijargi 105. Shri Ogyappa Gangappa Malagonda 106. Shri Mahadeo Bhimrao Pujari 107. Shri Sidhappa Malkappa Chougule 108. Shri Basappa Malkappa Chougule 109. Shri Shankar Malkappa Chougule 110. Shri Mallappa Malkappa Chougule 111. Shri Ogyappa Gangappa Malagonda 112. Shri Ramagonda Giramalla Bijargi 113. Shri Vithobha Amegi Birajdar 114. Shri Bhimrao Ramchandra Kulkarni 115. Shri Sidhanna Yalagonda Birajdar 116. Shri Amsidha Parsappa Rangade 117. Smt.Sakhu Rangade 118. Shri Adyappa Kallappa Rangade 119. A.P.K.Kallappa 120. Shri Madappa Jagappa Birajdar 121. Shri Laxman Kallappa Birajdar 122. Shri Shrigonda Satyappa Birajdar 123. Shri Nigonda Sidhapa Birajdar 124. Shri Balasaheb Sidhappa Birajdar 125. Shri Appasaheb Sidhappa Birajdar 126. Shri Yashwant Sidhappa Birajdar 127. Shri Ogyappa Sidhappa Birajdar. 128. A.P.K.Putlabai 129. Shri Nigappa Sidharam Jadvir 130. Shri Basappa Annappa Patil 131. Shri Avadhut Advyappa Pujari 132. Shri Shivappa Muryappa Todalbagi 133. Shri Madappa Muryappa Todalbagi 134. Shri Madappa Muryappa Todalbagi 135. Shri Amasidha Muryappa Todalbagi 136. Shri Bilyani Sidhanigappa Todalbagi 137. A.P.K.Mother Gaorava 138. Shri Vithobha Mallappa Patil 139. Shri Basappa Mallappa Patil 140. Shri Bilyani Sidhmallappa Patil 141. Shri Channappa Gurusatappa Nagne 142. Shri Turesh Amasidha Mailapur 143. Shri Bashwantraj Mallikarjun Somling Mailapur 144. Shri Mallikarjun Bilyani Birajdar 145. Shri Amasidha Birajdar 146. Shri Bilyani Madappa Birajdar 147. Shri Tukaram Madappa Birajdar 148. Shri Madappa Mallappa Patdwar - 6 - - 6 - - 6 - 149. Shri Shivappa Madgonda Suslad 150. Shri Anappa Madgonda Suslad 151. Shri Ramchandra Mahadeo Suslad 152. Shri Basavraj Somling Mailapur 153. Shri Anappa Mallappa Birajdar 154. Shri Bilyani Gidgappa Todalbagi 155. Shri Maulaso Alisso Sanadi 156. Shri Nanaso Alisso Sanadi 157. Shri Aminso Gindaso Sanadi 158. Shri Bilyani Sadhadeo 159. Shri Sidhagonda Giniappa Birajdar 160. Shri Bilyanideo Vahivatdhar 161. Shri Dhanappa Ambana Pujari 162. Shri Shivappa Amabana Pujari 163. Shri Bilyani Sidhadeo Vahivatdar 164. Shri Madagonda Kallappa Pujari 165. Shri Bilyani Kallappa Pujari 166. Shri Amagonda Kallappa Pujari 167. Shri Bilyani Sidhadeo Vahivatdar 168. Shri Sidhappa Ogyappa Pujari 169. Shri Bilyani Sidhadeo Vahivatdar 170. Shri Somalinga Shivappa Birajdar 171. Shri Bilyani Sidhadeo Vahivatdar 172. Shri Sidhagonda Elappa Birajdar 173. Devasthan Vyavasthapak Samiti, Paschim Maharashtra, Kolhapur. 174. Shri Bilyani Sidhadeo Vahivatdar 175. Shri Dhanappa Ambana Pujari 176. Shri Shivappa Ambana Pujari 177. Devasthan Vyavasthapak Samiti Paschim Maharahstra , Kolhapur 178. Shri Bilyani Sidhadeo Vahivatdar 179. Shri Madagonda Punagonda Pujari 180. Devasthan Vyavasthapak Samiti, Paschim Maharashtra, Kolhapur. 181. Shri Bilyani Sidhadeo Vahivatdar 182. Shri Sidhappa Ogyappa Pujari 183. Devasthan Vyavasthapak Samiti Paschim Maharashtra,Kolhapur 184. Shri Bilyani Sidhadeo Vahivatdar 185. Shri Somlingappa Ogyappa Birajdar 186. Devasthan Vyavasthapak Samiti, Paschim Maharashtra Kolhapur. 187. Shri Bilyani Sidhadeo Vahivatdar 188. Shri Avadhut Birajdar 189. Shri Somlinga Birajdar 190. Shri Ningappa Birajdar 191. Shri Ramgonda Birajdar 192. Shri Bilyani Sidhadeo Vahivatdar 193. Shri Vithobha Amsidha Birajdar - 7 - - 7 - - 7 - 194. Shri Dhondiba Vithoba Birajdar 195. Shri Sangappa Vithoba Birajdar 196. Devasthan Vyavasthapak Samiti, Paschim Maharashtra Kolhapur. 197. Shri Bilyani Sidhadeo Vahivatdar, 198. Shri Ramchandra Vannappa Birajdar. 199. Devasthan Vyavasthapak Samiti, Paschim Maharashtra Kolhapur. 200. Shri Senappa Vanappa Chougule, 201. Shri Annaraya Shivagonda Patil, 202. Shri Shankargonda Vannagonda Patil, 203. Shri Revangonda Vannagonda Patil, 204. Shri Sadanand Ishwargouda Patil, 205. Shri Shivappa Nandappa Chougule, 206. Shri Annappa Shivappa Chougule, 207. Smt.Bhagirathi Annappa Chougule, 208. Shri Amanna Dharmanna Hanjagi, 209. Shri Shivappa Irappa Hanjagi, 210. A.P.K.Irappa, 211. Shri Shivappa Bhimanna Suslad, 212. Shri Vithal Bhimanna Suslad, 213. Shri Bhauso Bhimanna Suslad, 214. Shri Madagonda Basagonda Birajdar, 215. A.P.K.Kamanna, 216. Shri Pralhad Bhimanna Jadhav, 217. Shri Shivappa Motyappa Todalbagi, 218. Shri Dundavva Appasaheb Patil, 219. Shri Annaraya Shivappa Valanchi, 220. Shri Amasidha Avadhut Birajdar, 221. Shri Sidhavva Annaraya Valanchi, 222. Shri Ramagonda Layappa Birajdar, 223. Shri Avadhut Tippana Patil (Birajdar), 224. Shri Sayavva Tippana Birajdar, 225. Shri Saibanna Ogyappa Birajdar, 226. Shri Ramagonda Layappa Birajdar, 227. Shri Amasidha Somanna Patil, 228. Shri Somaling Tippana Birajdar, 229. Shri Nigonda Tippanna Birajdar, 230. Shri Amasidha Somaling Birajdar, 231. Shri Ramappa Jakappa Birajdar, 232. Shri Shivappa Avadhut Birajdar, 233. Shri Bilyani Amogi Birajdar, 234. Shri Vithoba Amogi Birajdar, 235. Shri Shivabala Amogi Birajdar, 236. Shri Guruninga Bilyani Birajdar, 237. Shri Sidhappa Bilyani Birajdar, 238. Shri Ballappa Bilyani Birajdar, 239. Shri Vithal Gadageppa Todalbagi, 240. Shri Laxman Irgonda Bagali, 241. Shri Shivagonda Nigappa Birajdar, - 8 - - 8 - - 8 - 242. Shri Kamanna Nigappa Birajdar, 243. Shri Mallikarjun Annaraya Patil, 244. Shri Shivagonda Ishwargonda Patil, 245. Shri Sadananda Ishwargonda Patil, 246. Shri Ramchandra Bamgonda Khot, 247. Shri Mallappa Malkappa Chougule, 248. Shri Sidhappa Malkappa Chougule, 249. Shri Sidharam Sharanappa Malagonda, 250. Shri Shivappa Nandappa Chougule, 251. Smt.Sharava Madappa Chougule, 252. Shri Ramchandra Kamagonda Khot, 253. Shri Sidharam Sharanappa Malagonda, 254. Smt.Sharava Madappa Chougule, All major, Occ: all Agriculture, All residents of Village Bhivargi, Taluka-Jat, District - Sangli. 255. Shri Basappa Bhairappa Mahaddana, 256. A.P.M.Kasturi, 257. Shri Sidhappa Sabu Sutar, 258. Shri Virpaksha Fakruddin Maqbul, 259. Shri Sidhappa Channappa Laturkar, 260. Shri Bhimanna Shivappa Katti, 261. A.P.K.Mother, Tayavva, 262. Shri Sidhgonda Vithal Revi, 263. Shri Shivaraya Vithal Revi, 264. A.P.K.Mother, Kasavva, 265. Shri Saibana Guruningappa, Akkalkot, 266. Shri Abdul Rehman Saibu Birajdar, 267. Shri Taparpasha Abdul Kader Birajdar 268. Shri Danappa Chanabasu Patanshetty, 269. Shri Arjun Sabu Sutar, 270. Shri Basappa Irappa Sutar, 271. Shri Saheb Pasha Abudul Kader Mirajdar, 272. Shri Basappa Irappa Sutar, 273. Shri Arjun Sabu Sutar, 274. Shri Suleman Mohmedso Mullah, 275. Shri Nabisaheb Mohmedso Mullah, 276. Shri Ramzansaheb Mohmedso Mullah, 277. Shri Saheblal Mohmedso Mullah, 278. Shri Revan Sindha Nagappa Birajdar, 279. Shri Sidhappa Sabu Sutar, All major, Occ: All Agriculture, All residents of village Karajagi, Taluka-Jat, District - Sangli. 280. Shri Dattatraya Sambhaji Doiphode, Major (At present under Suspension) Taware Colony, Aranyeshwar, Pune. ...Respondents -- - 9 - - 9 - - 9 - Shri A.A.Kumbhakoni, Associate Advocate General with Shri S.R. Nargolkar,A.G.P. for the Petitioner. Shri R.V. More for Respondent Nos.1, 1-A, 18, 26 to 32, 37 to 40, 44, 47, 49 to 53, 54, 65, 69, 70, 73 to 75, 76-A, 78, 84, 90, 93, 97 to 105, 107 to 110, 112, 116, 118 to 121, 124, 129, 132 to 135, 137, 139, 140, 143, 148 to 152, 154, 159, 162 to 166, 168, 170, 175, 176, 182, 185, 189 to 191, 193, 198, 201 to 207, 211 to 213, 217, 221 to 229, 231, 233, 235 to 238, 240, 243 to 246, 248, 249, 251 to 254, 257, 259, 265, 270, 272, 273 and 276. None for rest of the respondents, though served. -- CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & V.M.KANADE,JJ. V.M.KANADE,JJ. V.M.KANADE,JJ. DATE : 14th October 2005. DATE : 14th October 2005. DATE : 14th October 2005. -ORAL JUDGMENT (PER R.M.S.KHANDEPARKAR,J)- -ORAL JUDGMENT (PER R.M.S.KHANDEPARKAR,J)- -ORAL JUDGMENT (PER R.M.S.KHANDEPARKAR,J)- 1. Both these Petitions arise out of an award dated 23rd March 2000 passed under Section 11 of the Land Acquisition Act 1984, hereinafter called as "the said Act." While the Writ Petition No.2932 of 2001 has been filed by the claimants seeking direction for disbursement of amount to them in accordance with the said award consequent to acquisition of their land, the Writ Petition No.1437 of 2002 has been filed by the State Government challenging the said award on various grounds including the ground relating to abuse of powers amounting to fraud by the Land Acquisition Officer in the matter of fixation of compensation to be awarded to the - 10 - - 10 - - 10 - claimants. 2. By Notification issued under Section 4 of the said Act on 30th October 1997, certain pieces of land belonging to the respondents and situated in the village of Bhivargi and Karajagi in the Taluka-Jath District-Sangli, admeasuring about 293.47 hectares were sought to be acquired by invoking provisions of Section 17(4) of the said Act. The possession of the land was taken in April 1997 on payment of 80% of the price of the lands as the compensation in advance to the petitioners. The declaration under Section 6 was issued on 19th March 1998 and the award was passed on 23rd March 2000. Meanwhile though Notices under Section 9(3) were issued on 26th March 1998, but in response thereof no claim was received from the interested persons. 3. After the declaration of award, there was report made by the Collector of Sangli on 14th February 2001 alleging various irregularities having been committed in relation to the assessment procedure by the Land Acquisition Officer while fixing the compensation, as also of non compliance of conditions attached to approval order by the Government in respect of award in the proceedings in question. Consequent thereto, further - 11 - - 11 - - 11 - enquiries were conducted and it is the contention of the State that the enquiries revealed various acts on the part of the Land Acquisition Officer disclosing commission of fraud in relation to compensation awarded under the said award as well as in respect of disbursement of amount awarded thereunder. Since the Petitioner-State in view of the provisions comprised under Section 50 of the said Act being unable to make reference under Section 18 of the said Act, has filed the present petition. It is the case of the State that while approving the proposed draft of the award, the Government had brought to the notice of the Land Acquisition Officer certain irregularities and the approval was subject to specific conditions to the effect that the Land Acquisition Officer was required to re-assess the land as he had ignored different classes of land as well as the law laid down by the Apex Court, as also the guide-lines laid down by the Government in relation to the value of the land and the procedure to be followed by the Land Acquisition Officer in that regard. It is the case of the State that, if the Land Acquisition Officer were to follow those guide-lines and statutory provisions in relation to the methodology for the purpose of assessing compensation to be awarded for the land acquired, the compensation which could have been awarded to the - 12 - - 12 - - 12 - respondents, would have been much less than what has been awarded under the impugned award. Plain reading of the impugned award, according to the State, discloses a clear case of abuse of powers by the Land Acquisition Officer as also malafide exercise of discretion in awarding the compensation contrary to the conditional approval granted by the Government and various decisions of the Apex Court as well as of this Court on the point of fixation of compensation in such cases. The very act of ignoring specific direction issued by the Government while granting the approval would disclose a clear case of abuse of powers by the Land Acquisition Officer, more particularly bearing in mind the provisions of Section 11 of the said Act. Reliance is placed in the decisions of Apex Court in the matter of Santosh Kumar and others v/s Santosh Kumar and others v/s Santosh Kumar and others v/s Central Warehousing Corporation and another Central Warehousing Corporation and another Central Warehousing Corporation and another reported in 1986(2)CC 343; Envelop Lignite Corporation Limited vs Envelop Lignite Corporation Limited vs Envelop Lignite Corporation Limited vs Special Tahsildar (Land Acquisition), Special Tahsildar (Land Acquisition), Special Tahsildar (Land Acquisition), reported in (1995) 1 SCC 221 and Commissioner of Customs, Kandla versus Commissioner of Customs, Kandla versus Commissioner of Customs, Kandla versus Essar Oil Limited and others, Essar Oil Limited and others, Essar Oil Limited and others, reported in 2004 (11) (11) (11) SCC 364 in support of contentions sought to be canvassed on behalf of the Petitioner-State. 4. On the other hand, it is the case of the claimants that the valuation of land has been done on the basis of - 13 - - 13 - - 13 - the materials available before the Land Acquisition Officer and by following normal procedure which is adopted in all other land acquisition cases, and therefore, no fault can be found with the impugned award. Besides, it is not permissible for the State to seek interference with such award in writ jurisdiction, as, in case it being aggrieved by the fixation of compensation on account of acquisition of land, the Government being the acquiring authority is an interested person within the meaning of the said expression under section 18 of the said Act, and therefore, can prefer reference under section 18 of the said Act. Since alternative remedy is available to the State under Section 18 of the said Act, there is no case for interference in the impugned award in writ jurisdiction. Reliance is sought to be placed in the decision of Himalaya Tiles and Marble (P) Limited Himalaya Tiles and Marble (P) Limited Himalaya Tiles and Marble (P) Limited versus Francis Victor Coutinho (dead) by LR’s, versus Francis Victor Coutinho (dead) by LR’s, versus Francis Victor Coutinho (dead) by LR’s, reported in AIR 1980 SC 1118. It is also the case of the claimants that fixation of compensation in exercise of powers under section 11 being done after hearing the parties and based on the materials placed on record, it can be said that it is a case of error in Judgement, but that by itself cannot be construed to be an abuse of power or malafide exercise of discretion by the Land Acquisition Officer amounting to fraud warranting - 14 - - 14 - - 14 - interference in the writ jurisdiction and therefore, under no circumstances, it can be said that the petitioners have made out any case for interference in writ jurisdiction in the impugned award. 5. Upon hearing the learned advocates for the parties and on perusal of the records first point which arises for consideration is, whether in writ justification the Court can interfere in the award passed under section 11 of the said Act on the ground of fraud or abuse of powers by the Land Acquisition Officer while declaring the award The next question therefore, arises for consideration is, whether the facts of the case placed before us disclose any such fraud having been played in the matter of declaration of award by the Land Acquisition Officer in relation to the impugned award. 6. Proviso to section 50(2) provides that no local authority or Company shall be entitled to demand reference under section 18. Section 18(1) provides that 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 of the - 15 - - 15 - - 15 - compensation, the person to whom it is payable or the apportionment of the compensation among the persons interested. The term "person interested" has been defined to include all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act. 7. The reference under Section 18 is essentially in relation to four factors. Firstly, measurement of land, amount of compensation, person to whom it is payable and the apportionment of compensation amongst the persons interested. However, all these four factors are related to the person interested who does not accept the award. In fact the very provision opens with the expression that "any person interested who has not accepted the award ........" The fact of acceptance or non-acceptance of the award would therefore relate to the persons who have the said option. Undoubtedly, it can be said that beneficiary of the acquisition proceedings in the sense for whose benefit the land is acquired would have an option either to accept or to challenge the award. In that sense, it can very well be said that the beneficiary of land, consequent to the acquisition thereof, could be said to be an aggrieved person and therefore, person interested within the meaning of the said expression - 16 - - 16 - - 16 - under section 18 of the said Act. However, at the same time, it is to be noted that Section 50(2) specifically provides that no such beneficiary would be entitled to demand a reference under section 18 of the said Act. There being specific provision debarring the right to make reference under Section 18 to such beneficiary, who can otherwise be termed as person interested, and bearing in mind the provisions of Section 12(1) of the said Act, the only option which would be available to such beneficiary or the Government in case of any illegality committed by the Land Acquisition Officer in relation to the award declared under Section 11 of the said Act including the matters in respect of quantum of compensation would be by way of a writ petition. 8. The Apex Court in Neyvely Lignite Corporation Neyvely Lignite Corporation Neyvely Lignite Corporation Ltd.’s case (Supra) Ltd.’s case (Supra) Ltd.’s case (Supra) while dealing with the provisions of law comprised under Section 50(2), held that,"when the award made under section 11 of the Collector is vitiated by fraud, collusion or corruption, the beneficiary is entitled to challenge it in the writ petition apart from the settled law that the conduct of the Collector of Civil Judge is amenable to disciplinary enquiry and appropriate action." It is to be noted that the said observation was made after taking note of the earlier - 17 - - 17 - - 17 - decision of the Apex Court in Himalaya Tiles and Marble Himalaya Tiles and Marble Himalaya Tiles and Marble (P) Ltd.’s case (Supra) (P) Ltd.’s case (Supra) (P) Ltd.’s case (Supra). 9. As regards the concept of fraud in public law or administrative law, the Apex Court referring to the observations by Lord Bridge in Khawaja v/s Secretary of Khawaja v/s Secretary of Khawaja v/s Secretary of State for the Home Department, State for the Home Department, State for the Home Department, reported in 1983 Volume I All England Reports 765 had clearly ruled that, the "fraud" in public law is not the same as fraud in private law, nor can the ingredients, which establish "fraud" in commercial transaction, be of assistance in determining fraud in administrative law. The Apex Court has further held that "Fraud" in relation to the statute must be a colourable transaction to evade the provisions of a statute." While reiterating the observations of Lord Bridge the Apex Court held that," It is dangerous to introduce maxims of common law as to effect of fraud while determining fraud in relation to statutory law." The observations of Lord Bridge in the said case were that, "Present day concept of fraud on statute has veered round abuse of power or malafide exercise of power. It may arise due to overstepping the