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IN THE SUPREME COURT OF INDIA
G.S. Singhvi and Sudhansu Jyoti Mukhopadhaya, JJ.
State of Jharkhand and Ors. - Appellants
Vs.
K.N. Farms and Industries (P) Ltd. - Respondent
Civil Appeal No. 3203 of 2012
Decided On: 30.03.2012
Constitution of India – Article 226 – Belated claims (instantly after 45 years) – Should not be entertained. (Para 9)
(1964) 6 SCR 261 : AIR 1964 SC 1006; (1969) 1 SCC 110 – Relied upon
Facts of the case:
After coming into force of the Bihar Land Reforms Act, 1950, the ex-landlord Shri Kanai Lal Nandi settled 458.28 acres land of villages Gurajore and Darisai of Dhalbhum Sub Division, Singhbhum District (now known as Ghatisila Sub Division of East Singhbhum) in favour of the Respondent, of which his own brother Kishori Mohan Nandi was the Managing Director and other kith and kins and one driver, namely, Shri B.C. Tudu, were the Directors.
After some time, the Respondent executed an agreement dated 28.2.1960 with the Government of Bihar for the purchase of land described in the preceding sub-paragraph for rehabilitation of Kharia tribe. Accordingly, the Respondent handed over possession of 334.65 acres land to Land Reforms Deputy Collector (LRDC) on 31.3.1960 and the same was distributed among the members of Kharia tribe.
After 8 months, Notification dated 9.12.1960 was issued Under Section 4 of the 1894 Act for the acquisition of the said land measuring 334.65 acres.
The State Government deposited Rs.81,322.68 with the District Land Acquisition Officer as the price of land, but, before the amount could be paid to the Respondent, LRDC passed an order Under Section 4(h) of the 1950 Act and annulled the settlement made by the ex-landlord in favour of the Respondent. The appeal and the revision filed against the order of LRDC were dismissed by Deputy Commissioner, Singhabhum and Commissioner, South Chotanagpur Division, Ranchi respectively. C.W.J.C. No. 410 of 1978 filed by the Respondent was allowed by the High Court on 30.6.1986 and the order passed for cancellation of the settlement was quashed.
After about 45 years of having entered into an agreement with the Government of Bihar, the Respondent filed W.P. No. 1546 of 2005 for issue of a direction to the Appellants to pay compensation with interest and the cost of litigation by alleging that even though possession of the land was taken in 1960 but price had not been paid despite repeated representations / reminders.
The Respondent filed another writ petition, W.P. No. 6793 of 2006 and prayed that a mandamus be issued to the Appellants to start the acquisition proceedings afresh in respect of 201.41 acres land of Village Darisai and 133.24 acres land of Village Gurajore by asserting that the acquisition proceedings initiated in 1960 had not been finalised.
W.P. No. 6793 of 2006 was dismissed by the learned Single Judge on 16.1.2008.
The Respondent filed Civil Review No. 23 of 2008 for reconsideration of order dated 16.1.2008 but did not pursue the same till the disposal of the first writ petition.
The first writ petition, i.e., W.P. No. 1546 of 2005 was disposed of by another learned Single Judge on 18.11.2009 and a direction was given to the Collector of District Singhbhum (East) to issue fresh notices Under Sections 4 and 6 of the 1894 Act and pass an award for grant of compensation after Assessing the value of the acquired land. Letters Patent Appeal filed by the Appellants against the order passed in W.P. No. 1546 of 2005 was dismissed by the Division Bench of the High Court.
Finding of the Court:
High Court misunderstood the pleadings and case set up by the respondent.
Result: Appeal allowed.
JUDGMENT
G.S. Singhvi, J.
1. This appeal is directed against order dated 26.10.2010 of the Division Bench of the Jharkhand High Court whereby the letters patent appeal filed by the Appellants was dismissed and the direction given by the learned Single Judge in W.P. No. 1546 of 2005 for issue of notifications Under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short, 'the 1894 Act') and passing of an award after Assessing value of the acquired land was upheld.
2. The facts which have been culled out from the pleadings of the parties are as under:
(i). After coming into force of the Bihar Land Reforms Act, 1950 (for short, 'the 1950 Act'), the ex-landlord Shri Kanai Lal Nandi settled 458.28 acres land of villages Gurajore and Darisai of Dhalbhum Sub Division, Singhbhum District (now known as Ghatisila Sub Division of East Singhbhum) in favour of the Respondent, of which his own brother Kishori Mohan Nandi was the Managing Director and other kith and kins and one driver, namely, Shri B.C. Tudu, were the Directors.
(ii). After some time, the Respondent executed an agreement dated 28.2.1960 with the Government of Bihar for the purchase of land described in the preceding sub-paragraph for rehabilitation of Kharia tribe. The relevant portions of the agreement are extracted below:
This Indenture made this the 28th day of February, 1960 between K.N. Farms & Industries, Private, Limited, a Limited Company incorporated and registered under the Indian Companies Act, 1913 through Kishori Mohan Nandi son of Shri Krishna Chandra Nandi of Galudih, by caste Tili, by occupation cultivation of Galudih, P.S. Ghatsila, District Singhbhum, being the present Managing Director of the said Company Head Office at Galudih, P.S. Ghatsila, Pergana Dhalbhu, District Singhbhum, hereinafter called the Vendor, which terms shall, if not repugnant to the context, include its successors-in-office and assigns of the one part, and Government of Bihar hereinafter called the Purchaser, which term unless repugnant to the context, shall mean and include his successor-in-office and assigns of the other part:
2. WHEREAS the Purchaser has decided to acquire a big farms and large tracts of agricultural lands in compact blocks for the purpose of rehabilitation of Kharias in Dhalbhum Sub-Division of the District of Singhbhum, under the Land Acquisition Act or by such other method of transfer as the Purchaser may hereinafter decide.
3. AND WHEREAS, the Purchaser has selected the lands belonging to the Vendor for the said purpose as specified in the Schedule annexed hereto.
4. AND WHEREAS the price of the said lands has been Assessed by the Land Acquisition Officer as per Annexure 'A' with the consent of the parties and it has been agreed between the parties that the value of the land shall be the value Assessed by the Land Acquisition Officer in Annexure 'A' plus 7 1/2% of the value of land to be transferred to the purchaser.
6. NOW THIS INDENTURES WITHNESSETH that in consideration of the value of the lands and other assets as set forth above the Vendor hereby agree and bind himself to transfer the land mentioned in the Schedule below and deliver possession of the same to the Purchaser free from all encumbrances, together with all rights, easements and appurtenances, whatsoever to the said lands belonging or in any way appertaining, to hold the same unto and to the use of the said, PURCHASER absolutely and for ever.
7. The value of the land mentioned in the Schedule comes to Rs. 81322/68 as per details given in Annexure 'B'.
8. AND the said Vendor for himself, his successors-in-office and assigns doth hereby covenant with the PURCHASER that he shall immediately on payment of the consideration mentioned in Clauses 4 and 5 execute the Deed of Transfer in favour of the Purchaser and Vendor further agrees to transfer the land on the above price in any way that may suit the convenience of the Purchaser.
(iii). The Respondent handed over possession of 334.65 acres land to Land Reform
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