2006 Supreme(Kar) 867

Karnataka High Court
SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT (UKP), JAL1VIAKHANDI, BAGALKOT DISTRICT - Appellant
Versus
LAKSHMANBABU GAYAKWAD - Respondent
Decided On : 11-14-06
Writ Appeal No. 5703 of 2003 (LA-RES). Judgment and order dated 29-11-2001 passed by Single Judge in W.P. Nos. 21684 to 21697 of2001 and 37510 to 37514 of2000,

Headnote:Words and Phrases - Aggrieved person- It would mean a person who has suffered a legal injury or one who has been unjustly deprived or denied something which he would be interested to obtain in the usual course or similar benefits or advantage or results in wrongful affectation.

       Karnataka Value Added Tax Act, 2003 - Section 15 - Composition - Assessee opting for - If can be aggrieved person. Dilatory settled principles: Whether a person, who had opted for composition, can he be called an aggrieved person, has observed that, "a person, who had opted for composition in lieu of prosecutions and penalties, etc., cannot be an aggrieved person". Further, the Full Bench of this Court has stated, that "the process of compounding is completed only when the money that is agreed upon actually changes hands. If this is so, there can never be a situation where the person who has committed or is reasonably suspected of having committed an offence under the Act can be an aggrieved person. [87 STC 138].

       Land Acquisition Act, 1894 - Section 11(2) - Consent award - Nature and effect. [H.L. Dattu and A.S. Bopanna, JJ.]: The award made under Section 11(2) of the Act in terms of the agreement is a valid award under the Act. It has all the ingredients of a composition deed , a deed by which one party compounds with another. This term is normally used when there is an agreement between a debtor and a creditor. It simply means an agreement made by the debtor with the creditor to pay specified amount and which is accepted by the creditor in satisfaction of their entire claims whatever thus proffered. A creditor having accepted the offer made, thereafter cannot contend that he was unjustly deprived of his claims and then agitate the matter in a law suit.

       Land Acquisition Act, 1894 - Section 11(2) - Effect of consent award - When a person interested in land opts for consent award, is not entitled to seek reference. [H.L. Dattu and A.S. Bopanna, JJ.]: Under Section 11(2) of the Act, the statute envisages, that the persons interested in the land, at any stage of the proceedings of the Collector, may agree in writing on the matters to be included in the award of the Collector. On receipt of such request, the Deputy Commissioner, without making any further enquiry, may make an award according to the terms of such agreement. Under this Section, a right is conferred on the persons interested in the land to enter into an agreement with the Deputy Commissioner on the matters to be included in the award that may be made by the Deputy Commissioner. By exercising this right, the owner of the lands is authorised to settle with the Deputy Commissioner matters in dispute by mutual concession, to avoid any legal proceedings, but to settle it between themselves by a give and take agreement. It is a right given to the persons interested in the land. By this process, they enter into an agreement for preventing and for putting an end to all further litigations. It is his voluntary act and by this process, he waives all his rights under the Act, to avoid delay in determination of the compensation amount payable to the lands acquired. The Act confers this right on the persons interested in the land. Having agreed in writing on the matters to be included in the award that may be passed, and the authorities having acted as per the agreement, the public trust is estopped from making a claim contrary to the terms of the agreement and insist upon the enforcement of the rights waived in law. A compromise is always bilateral and means a mutual adjustment. According to New Standard Dictionary, a compromise means agreement or adjustment for the settlement of controversy by mutual concession often involving partial surrender. Therefore, a person who has entered into an agreement voluntarily, mind you, that there is no prohibition in law against waiving of any right under the Act, to settle the matters to be included in the award of the Deputy Commissioner, cannot be an "aggrieved person", since he is not unjustly deprived or denied of something, which he would be entitled to obtain under the Act.

       Karnataka Value Added Tax Act, 2003 - Section 15 - Composition - Assessee opting for - If can be aggrieved person. Dilatory settled principles: Whether a person, who had opted for composition, can he be called an aggrieved person, has observed that, "a person, who had opted for composition in lieu of prosecutions and penalties, etc., cannot be an aggrieved person". Further, the Full Bench of this Court has stated, that "the process of compounding is completed only when the money that is agreed upon actually changes hands. If this is so, there can never be a situation where the person who has committed or is reasonably suspected of having committed an offence under the Act can be an aggrieved person. [87 STC 138].

       Land Acquisition Act, 1894 - Section 18 - Right to seek reference - A person opting for consent award waives right to seek reference under.

       Land Acquisition Act, 1894 - Section 28-A - Aggrieved - Meaning - Succinctly stated. Dilatory settled principles: In Collins English Dictionary, the word "Aggrieved" has been defined to mean "to ensure unjustly especially by infringing a person s legal rights". In Webster Comprehensive Dictionary, International Edition at page 28, aggrieved person is defined to mean "subjected to ill-treatment, feeling an injury or injustice. Injured, as by legal decision adversely infringing upon one s rights". In Strouds Judicial Dictionary, Fifth Edition, Vol.1, pages 83-84, person aggrieved means "person injured or damaged in a legal sense". In Black s Law Dictionary, Sixth Edition at page 65, aggrieved has been defined to mean "having suffered loss or injury; damnified; injured", aggrieved person has been defined to mean "One whose legal right is invaded by an act complained of, or whose pecuniary interest is directly and adversely affected by a decree or judgment. One whose right of property may be established or divested. The word "aggrieved" refers to a substantial grievance, a denial of some personal, pecuniary or property right, or the imposition upon a party of a burden or obligation". The person aggrieved must, therefore, be one who has suffered a legal grievance because of a decision pronounced by Civil Court giving higher compensation for an acquired lands similar to his own while he is denied of such higher compensation for his land because of operation of Section 18 read with Section 31 of the Act resulting in affectation of his pecuniary interest in his acquired land is directly and adversely in that award of the Collector made under Section 11, he becomes as such aggrieved person and entitled to avail of the right and remedy conferred upon him under Section 28-A(1) to make good his denied right to receive compensation in excess of the amount awarded by the Collector/L.A.O.[1995 (4) Kar.L.J. 61(SC)].

       Land Acquisition Act, 1894 - Section 28-A - Interpretation of - What emerges from. [H.L. Dattu and A.S. Bopanna, JJ.]: Firstly, an award has been passed by the Court under Part III of the Act after coming into force of Section 28-A of the Act. Secondly, by the said award, the amount of compen-sation in excess of the amount awarded by the Deputy Commissioner/Special Land Acquisition Officer under Section 11 of the Act has been allowed in that reference. Thirdly, that the person filing the application under Section 28-A of the Act is interested in the land notified under the same notification issued under Section 4(1) of the Act for reference to the Civil Court. Fourthly, that the person filing application under this Section did not choose to make the application before the Deputy Commissioner under Section 18 of the Act for reference to the Civil Court. Fifthly, the applicant files the application under Section 28-A of the Act within three months of the date of the award on the basis of which the applicant seeks re-determination of amount of compensation awarded by the Deputy Commissioner/Special Land Acquisition Officer and lastly, the applicant must be an aggrieved person by the award passed by the Collector.

       Land Acquisition Act, 1894 -Section 11 -Award -Duty of LAO and nature of award. [H.L. Dattu and A.S. Bopanna, JJ.] The award passed by the Special Land Acquisition Officer/Collector is an administrative order. It is his best judgent, in respect of the value of the land as on the date of issuing preliminary notification. While passing the award, he is expected to enquire into the objections, if any, as to the measurement of the lands to be acquired; into the value of the land on the date of the publication of the notification under Section 4(1) of the Act; and into the respective interest of the persons claiming the compensation.

       Land Acquisition Act, 1894 -Section 28-A -Construction of -Requirements of the provision construed. [H.L. Dattu and A.S. Bopanna, JJ.] A reasonable construction of the aforesaid provision is: Firstly, an award had been passed by the Court under Part III of the Act after coming into force of Section 28-A of the Act. Secondly, by the said award, the amount of compensation in excess of the amount awarded by the Deputy Commissioner/Special Land Acquision Officer under Section 11 of the Act has been allowed in that reference. Thirdly, that the person filing the application under Section 28-A of the Act is interested in the land notified under the same notification issued under Section 4(1) of the Act for reference to the Civil Court. Fourthly, that the person filing application under this Section did not choose to make the application before the Deputy Commissioner under Section 18 of the Act for refernce to the Civil Court. Fifthly, the applicant files the application under Section 28-A of the Act within three months of the date of the award on the basis of which the applicant seeks re-determination of amount of compensation awarded by the Deputy Commissioner/Special Land Acquisition Officer and lastly, the applicant must be an aggrieved person by then award passed by the Collector.

       Words and Phrases - Compromise - Means agreement or adjustment for settlement of controversy by mutual concession often involving partial surrender.

       Compromise - Meaning - Effect of - See, Words and Phrases.

       Indian Registration Act, 1908 - Section 17 - Registration - Land acquisition - Consent award - Agreement therefor - Need not be registered.

       Indian Registration Act, 1908 - Section 17 - Registration - Land acquisition - Consent award - Agreement therefor - Need not be registered.

       Land Acquisition Act -Section 11 & 18 -Award by agreement -Can a person interested who settles matter by mutual consent, seek reference. [H.L. Dattu and A.S. Bopanna, JJ.] When a person interested in the and having opted for consent award under Section 11(2) of the Act, is not entitled to seek any reference for enhancement of the compensation under Section 18 read with Section 23(1) of the Act, and cannot be an aggrieved person to claim re-determination of the amount of compensation on the basis of the award of the Civil Court. The award made under Section 11(2) of the Act in terms of the agreement is a valid award under the Act. It has all the ingredients of a composition deed , a deed by which one party compounds with another. This term is normally used when there is an agreement between a debtor and a creditor. It ismply means an agreement made by the debtor with the credior to pay specified amount and which is accepted by the creditor in satisfaction of thir entire claims whatever thus proffered. A creditor having accepted the offer made, thereafter cannot contend that he was unjustly deprived of his cvlaims and then agitate the matter in a law suit.

       Cases Referred: 1995 (4) KLJ 61 (SC); AIR1996 SC 1616; AIR 1996 SC 133; AIR 1996 SC 1350; 2002 (7) SCC 273; 1995 (4) KLJ 61 (SC).

       Land Acquisition Act -Section 28-A -Aggrieved person -Meaning. [H.L. Dattu and A.S. Bopanna, JJ.] Settled Principles: In K. Rangaiah Vs Special Deputy Collector (Land Acquisition). this Court observed that in an acquisition proceedings, lands situated in the same locality and in the neighbouring locality when are possessed of the same comparable advantages, the owners of the former lands are entitled to the same rate of compensation as the owners of other lands as determined by the Judgment of the High Court which had become final as otherwise it would be inequitable and discriminatory. In other words, the owners of the lands possessing the same kind and same quality etc, are entitled to party in payment of compensation for their lands. Section 28-A (1) is intended to overcome the hurdle created by Section 18(1) and Section Proviso to Section 31(2) in the matter of obtaining equal compensation for similar acquired lands. Equal compensation for similar acquired lands could be got by all the interested persons, if their lands are acquired under the same Notification. In other words, if an owner fails to avail of the right and remedy under Section 18(1). Section 28-A(1) grants an extra right and remedy for redetermination of the compensation payable to him for his land on the basis of an award of the Court giving to an owner of another land covered by the same Notification under Section4(1) and under the same award. The payment of higher compensation to his neighbouring land-owner makes an applicant an aggrieved person to claim re-determination of the compensation payable to him for this land. The person aggrieved therefore, in this context, would mean a person who had suffered legal injury or one hwo has been unjustly deprived or denied of something, which he would be interested to obtain in the usual course or similar benefits or advantae or results in wrongful affectation of his title to compensation. In Collins English Dictionary, the word "Aggrieved" has been defined to mean "to ensure unjustly especially by infringing a person s legal rights". In Webster Comprehensive Dictionary, International Edition at page 28, aggrieved person is defined to mean "subjected to ill-treatment, feeling an injury or injustice. Injured, as by legal decision adversely infringing upon one s rights". In Strouds Judicial Dictionary, Fifth Edition, Vol. 1, pages 83-84, person aggrieved means "person injured or damaged in a legal sense". In Black s Law Dictionary, Sixth Edition at page 65, aggrieved has been defined to mean "having suffered loss or injury; damnfied; injured", aggrieved person has been defined to mean "One whose legal right is invaded by an act complained of, or whose pecuniary interest is directly and adversely affected by a decree or judgment. One whose legal right is invaded by an act complained of, or whose pecuniary interest is directly and adversely affected by a decree or judgment. One whose right of property may be established or divested. The word "aggrieved" refers to a substantial grievance, a denial of asome personal, pecuniary or property right, or the imposition upon a party of a burden or obligation." The person aggrieved must, therfore, be one who has suffered a legal grievance because of a decision pronounced by Civil Court giving higher compensation for an acquired lands similar to his own while he is denied of such higher compensation for his land because of operation of Section 18 read with Section 31 of the Act resulting in affection of his pecuniary interest in his acquired land is directly and adversely in that award of the Collector made under Section 11, he becomes as such aggrieved person and entitled to avail of the right and remedy conferred upon him under Section 28-A(1) to make good his denied right to receive compensation in excess of the amount awarded by the Collector/L.A.O.

       Land Acquisition Act, 1894 - Section 11 - Award - Types of - Effect on bar created under Section 18(1) and proviso to Section 31 of the Act. [H.L. Dattu and A.S. Bopanna, JJ.]: Under Section 11 of the Act, the Collector is authorised to pass two types of awards. One under Section 11(1) of the Act, after holding an enquiry, if a person has not consented for passing of an award and another under Section 11(2) of the Act, if a person opts for passing of a consent award. In the first instance, if for any reason, the person, who had lost his lands and is not satisfied with the compensation awarded, can make an application before the Special Land Acquisition Officer/Collector under Section 18 of the Act with a request to make a reference to the Civil Court for proper determination of the compensation amount payable for the lands acquired and for other purposes also. If for any reason, he does not make any application, then also, he can take the benefit of Section 28-A of the Act by making an application to claim compensation equal to that awarded to his neighbouring land acquired by the same notification under Section 4(1) of the Act. This Section thus lifts the rigour of the bar created by Section 18(1) of the Act and the proviso to Section 31 of the Act.

       Land Acquisition Act, 1894 - Section 11 - Consent award - Agreement for - Need not be registered.

       Land Acquisition Act, 1894 -Section 28-A -Construction of -Requirements of the provision construed. [H.L. Dattu and A.S. Bopanna, JJ.] A reasonable construction of the aforesaid provision is: Firstly, an award had been passed by the Court under Part III of the Act after coming into force of Section 28-A of the Act. Secondly, by the said award, the amount of compensation in excess of the amount awarded by the Deputy Commissioner/Special Land Acquision Officer under Section 11 of the Act has been allowed in that reference. Thirdly, that the person filing the application under Section 28-A of the Act is interested in the land notified under the same notification issued under Section 4(1) of the Act for reference to the Civil Court. Fourthly, that the person filing application under this Section did not choose to make the application before the Deputy Commissioner under Section 18 of the Act for refernce to the Civil Court. Fifthly, the applicant files the application under Section 28-A of the Act within three months of the date of the award on the basis of which the applicant seeks re-determination of amount of compensation awarded by the Deputy Commissioner/Special Land Acquisition Officer and lastly, the applicant must be an aggrieved person by then award passed by the Collector.

       Cases Referred: 1995 (4) KLJ 61 (SC); AIR1996 SC 1616; AIR 1996 SC 133; AIR 1996 SC 1350; 2002 (7) SCC 273; 1995 (4) KLJ 61 (SC).

       Award - Land Acquistion proceeding - Consent award passed - Agreement has to - If registrable.

       Award - Land Acquisition proceedings - Types of award.

       Land Acquisition Act, 1894 -Section 11 -Award -Duty of LAO and nature of award. [H.L. Dattu and A.S. Bopanna, JJ.] The award passed by the Special Land Acquisition Officer/Collector is an administrative order. It is his best judgent, in respect of the value of the land as on the date of issuing preliminary notification. While passing the award, he is expected to enquire into the objections, if any, as to the measurement of the lands to be acquired; into the value of the land on the date of the publication of the notification under Section 4(1) of the Act; and into the respective interest of the persons claiming the compensation.

       Cases Referred: 1995 (4) KLJ 61 (SC); AIR1996 SC 1616; AIR 1996 SC 133; AIR 1996 SC 1350; 2002 (7) SCC 273; 1995 (4) KLJ 61 (SC).

       Land Acquisition Act -Section 11 & 18 -Award by agreement -Can a person interested who settles matter by mutual consent, seek reference. [H.L. Dattu and A.S. Bopanna, JJ.] When a person interested in the and having opted for consent award under Section 11(2) of the Act, is not entitled to seek any reference for enhancement of the compensation under Section 18 read with Section 23(1) of the Act, and cannot be an aggrieved person to claim re-determination of the amount of compensation on the basis of the award of the Civil Court. The award made under Section 11(2) of the Act in terms of the agreement is a valid award under the Act. It has all the ingredients of a composition deed , a deed by which one party compounds with another. This term is normally used when there is an agreement between a debtor and a creditor. It ismply means an agreement made by the debtor with the credior to pay specified amount and which is accepted by the creditor in satisfaction of thir entire claims whatever thus proffered. A creditor having accepted the offer made, thereafter cannot contend that he was unjustly deprived of his cvlaims and then agitate the matter in a law suit.

       Cases Referred: 1995 (4) KLJ 61 (SC); AIR1996 SC 1616; AIR 1996 SC 133; AIR 1996 SC 1350; 2002 (7) SCC 273; 1995 (4) KLJ 61 (SC).