(1) BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR Sg^foj F.A. CM f /2QQ7 ^:S:1,V7^ APPEU..ANT/NQN APPLICANT State of Chhattisgarh Through Superintendent of Police, PoliceTraining School, Rajnandgaon, Distt. - Rajnandgaon y RESPQNDENT/APPLICANTS VERSUS 1. 1 ^-:^ ^s^p > 3. ^' Dinesh Kumai' S/o Ramkrishna Choube, Age 48 years Nishith Kumar S/o Dashrath Choube, Age 55 years Ku. Latika D/o Ramkrishna Choube, Age 57 years Beluram S/o Sukhram Sahu, Age 60 years All residentof Bajrangpur, Navagaon, Ward no. 1, Tahsil and District Rajnandgaon (C.G.) APPEAL UNDER SECTION 54 LAND ACQUISITION ACT 1894 ARISING OUT OF AWARD PASSED BY FIRST ADDITIONAL LJUDGE RAJNANDGAON INM.J.C, N0. 8/2006 4. 3iuv 3ddV .^ 1 •lAaqnoiTo ^re^urDfBqs 'iais ireipji3n3 rejn^u pu'e jai.noiu 3.3tf LT3noji.fi pa^uasajaaj pue joun-a ~B SUISa) U0133pU13Ul13>T 10U1.SIO 'UOBBpLTBUl'Byr •uo'e3i3Ai3|tj •jnasueji'Bff o/?.i 'sjeaA fi f.noqv pag'e 'jBuin^j i.rssuifT uz.rs si.'e^ o/rr 'BAuans "n'>T •uoBgpireure>T ^ou^sio •uo'egpTjeuiB^ 'UOBSBABN 'jnagLre-itBFT O/H 'SJBSA /^ ^noq^ p33i3 'ji^iun^ Lfsauifr ULTS O/PM 'AsqnoLTO BTi3lurcp3i.rs "»tUR ^ ^,\) <f.t FB39T LTSno-ll.f^ :S3Aq'BlU3S3-ia3-l 33UTSJ JBOin-^ t}S3UTfT ilOdsaa •^/M •I'%%1 ^^'.«1 J( maddv 338 .^J'! "U...AU ..^Bfr^ -h^.>' ^-^ ^f^" v ^ HIGH COURT OF CHHATTISGARH, BILASPUR DB: Hon'ble I. M. QUDDUSI 8s Hon'ble G. MINHAJUDDIK, JJ RESPONDENTS: APPBLLANT: RESPONDENTS: State of Chhattisgarh Vs. Dinesh Kuinar (since dead) through legal representatives Snit. Shakuntala Choubey & aaother F.A (Ml No. 46/2007 State of Cbliattisgarh Vs. The Christian FeUowship Hospital aad Farm. house APPEAL UNDER SECTION 54 01PLTHB LAND ACOUISITION ACT. Appearance: Mr. Vuiay Hadf, Deputy Advocate General for fhe appellant/ State ui bofh fhe appeals. Mr. Pramod Verma, Sr. Advocate with Mr. Abhishek Sharma and Mr. Bashir Siddiqui counsel for fhe respondent in. F.A.(M). 45/2007 aad Mr. Saujeev Banjare, counsel for respondent irt F.A(M). No.46/2007. OR&LORDER (19.08.2011) Pes I.M. QUDDUSI. J» 1. These are two appeals filed against the impugned award dated 28.03.2007 passed separately by fhe First Addl, District Judge, Rajnandgaon ia M.J.C. No.8/2006 (Dinesh Kumar and others Vs. State) & M.J.C. No. 12/2006 (The Christian FeHowship Hospital and Farmhouse -V- State). Ssa.ee ffae questions .^ •SSCHi:: ^ l"?!M:iia'^^S/'. 'v 'w^f^:s^':w^f^ S '"^ ^ ^^/ V^-f "•<«.^£^^gu." • iavolved iu bofh the appeals are one aad the same, fhey are being disposed ofby this coininon order. The inaterial {acts giviag rise to these appeals are as follows; The land belonging to the appeUants adnieasuriag 32.07 % acres situated at village Bajrangpur, Navagaon, P.C.No.21, TahsU &, District Rajnandgaon (C.G), has been acquired by the State Govenunent for construction of Police Trainiag Center at Rajnandgaon and for construction ofpoUce quarters. On 25.03.2006, the Land Acquisition Officer, Rajnaudgaon inade an award directuig payinent of Rs.72,79,614/-, inclusive of solatium that is Rs. 16,02,504/- aad iuterest of Rs.3,35,428/- as coiapensation to the respondents. The corapensation was fixed by the Laad Acquisition OfBcer on the basis of land cess. Accordiag to the Ex. P-7, the rate offhe laad at the inain road was Rs.760/- per square ineter aud Rs.600/- per square m.eter ia side the road. It is the staiid of tiie State/Appellaat that the acqiured laiid was an agricultllTal laud and accordiagly on fhe basis of Cess, fhe valuatiou was fixed. !n the reference application, fhe respondentsDiaesh-aad others have prayed for Rs.600/- per square ineter whereas respondent ftie Christiaa FeUowship has prayed for Rs.900/- per sauare ineter. The leamed Court below has observed fhat accordiag to Central Evaluation Board fhe rate of the land inside fhe road was Rs.600/- per square ineter that is @ Rs.55.76 per sq. feet. Lookmg to fhe circuinstances prevalent at the tmie of occupation and acquisition of laad, fhe Court below bas fixed Rs.20/- per sq. feet. Thus fhe Coiirt below has converted fhe total laad of 32.07 % acrcs into 139045 square feet and fixed ftie coinpensation as Rs.2,79,00,900/-. 3. Before proceediag furfher, it is necessary to peruse Part III of the Laad Acquisition Act, 1894 which provides for reference to Court and Procedure fhereon. Section 18 of ftie Act is relevaat here aad auoted below: 18. Reference to Coiut.—(1) Aay person .- interested who has not accepted fhe award may, by written. appUcation to the CoUector, require fhat fhe matter be referred by fhe CoUector for the detenniaatioii of fhe Court, whefher his objection be to ftie l&easureiuent of fhe land, the amoiint of the coinpensation, the persons to whoia it is payable, or the apportioninent of the coinpensatiou aniong fhe persons iaterested. (2) The application shatl state the grounds on which objection to fhe award is taken; Provided that eveiy such application shatl be inade,— (a) if fhe person makiug it was present or rcpresented before the CoUector at fhe tune when he made his award, withia six weeks from. the date of the CoUector's award; (b) In other cases, within. six weeks of fhe receipt of the notice froin the CoUector under section 12, sub-section (2), or witTiin six monfhs fi-oni the date of fhe CoUector's a^ard, whichever period shall first expire. 4. A bare readiag of provisions of sub-section (1) of section 18 would show fhat au application is to be xaade by fhe aggrieved person not satisfied with fhe awrard fhrough ftie CoUector for referring and detenmnatlon of Court. Sub-section (2) of section 18 further provides fhat fhe above stated application should be ffled wifhia fhe tune speci&ed under the proviso to sub-sectlon (2) of section 18, which is quoted above. In Mohd. BcisnudOin -Vs- Stette of JKinhcirtishtra (1979) 2 SCC 572, Hon'ble fhe Supreiue Court held as under: "While ftie CoUcctor iu inaking au award under Section 11 acts as aa agent of the Goveminent, ia miakiag a reference to the Court under Section 18 he acts as a statutory exercisiag his own powers under the '' section. The CoUector has to act subject to the conditions prescribed in Section 18. Accordingly, the inakuig of aa appUcation for reference withia the tune prescribed by proviso to Section 18, sub-section (2) is a sine qua. non for fhe inakiag ofa valid reference by him." "The Court being a tnbunal of special jurisdiction, has the duly and power to see fhat fhe reference m.ade to it by the CoUector under Section 18 conipUes with the coaditions laid down therein so as to give fh.e Court jurisdiction to hear the reference. In so doing the Court is certamly not actiag as a court of appeal; it is only confirmiug if a valid and proper reference has been niade." "Eveiy Tribunal of lunited jurisdiction is not only entitled but bound to determiae whefher the ruatter ia which it is asked to exercise its jurisdiction eoiues wittun, the limits of its special jurisdiction and whether the jurisdiction of such tribunal is dependent on fhe existence of certaia facts or circuin.staiices. Its obvious duty is to see fhat fhese facts and circumstances exist to iavest it with jurisdiction, and where a tribiuial derives its jurisdiction from fhe statute that creates it aad that statute also defines fhe conditions under which fhe tnbunal can fuaction, before fhat tribunal assuines jurisdiction ia a niatter, it must be satisfied fhat fhe conditions requisite for its acquiriag seisia of that inatter have ia fact arisen. Tbis is true in respect of Court also." In M.J.C.No.8/2006, we have found that fhe appUcation u/s 18 was not filed before the CoUector but was duTectly ffled before ttie First Addl. District Judge, Rajnaudgaon on 05.05.2006 & 10.6.2006 aud fbe leamed Court below entertained those reference petitions u/s 18 offhe Land Acquisition Act without being forwarded to it bv fhe CoUector aad Tiroceeded wifh fhe sanie by issuiag notices etc. Therefore, we are of fhe opinion that fhe ruatters icquire reconsideration at the end ofthe Court below for decision afresh. Hence, we allow fhese appeals ia part, set aside the impugned awards dated 25.03.2006 passed in M.J.C. No.8/2006 & M.J.C. No. 12/2006 and remit the matters back to the Coiirt below for deteniiination as to whether any reference was inade by the CoUector or not and if the reference was filed the Court wfll proceed in accordance with law aad decide as to whefher fhe saine was withia time Uinit prescribed under fhe Act aiid was valid fuIGILuig the conditions laid down ia Section 18 ofthe Laad Acquisition Act. For that purpose fhe parties shatl appear before the Court conceraed on IIth of October, 2011. The records of fhe Court below aad Laad Acquisitiou Of&cer shall be sent back witfaout further delav. In the result, both ttie appeals are aUowed in part No order as to cost(s). ——-- Rao i" SdA I.M.Quddusi Judge G.MmSiajjudin Judge