IMPORTANT POINT
The main legal point established in the judgment is the mandatory requirement of prior approval by the competent authority under Section 11(1) of the Land Acquisition Act, 1894, and the prohibition of illegal deprivation of property without due process of law under Article 300-A of the Constitution of India.

JUDGMENT :

1. By way of this petition, the petitioner is questioning the legality and propriety of the order dated 08.02.2012 and 16.02.2012 passed in Case No.23-A/82/2008-09 whereby the Respondent Authorities have dropped the land acquisition proceedings initiated for acquisition of its land bearing Khasra No.153/3 admeasuring 0.34 hectare and, praying for compensation of its land which is being used by Respondent No.4 alongwith the interest.

2. From perusal of the record, it appears that initially a proceeding for acquisition of land in question bearing Khasra No. 153/3 admeasuring 0.34 hectare situated at village Dangania, Tahsil and District Raipur was initiated against the vendors of the petitioner, namely, Dilip Kumar & Others for the purpose of providing the same to the Chhattisgarh Housing Board (hereinafter referred to as ‘The Housing Board’). The said proceeding was registered as Land Acquisition Case No. 288-A/82/1989-90, wherein, it was observed that since the proceeding for vesting of the alleged land was under the consideration of The Urban Land (Ceiling and Regulation) Act, 1976, therefore, it was not acquired when the award was passed by the Land Acquisition Officer on 10.06.1991. It is to be seen here that after passing of the said award, a request was made by the Housing Board for possession of the land in question and on the basis of the order dated 02.06.1992 (Annexure R-4/1) passed by the Collector, Raipur, the possession of it was handed over on 05.06.1992 and since then, the Housing Board is enjoying the possession of it. It is to be noted here further that although the possession of the land in question was given to the Housing Board, but as it was not acquired vide award dated 10.06.1991, therefore, the right, title and interest of the vendors of the petitioner was not divested. The said land was subsequently directed to be released by the Commissioner, Raipur vide its order dated 16.08.1994 in Ceiling Appeal Case No. 140/A-90-C/1993-94 and, the land in question was thus not vested with the State Government. The right, title and interest of the alleged land was thereafter acquired by the petitioner from them under a registered deed of sale dated 22.06.2007 (submitted by the petitioner by way of covering memo dated 10.01.2024) and ostensible possession was delivered accordingly, but physical possession was remain with the Housing Board.

3. It appears further that at the request of the Housing Board, made on 22.12.2008, a land acquisition proceeding was initiated under the Land Acquisition Act, 1894 (hereinafter referred to as ‘Act, 1894’) for acquisition of the said land, i.e., Khasra No.153/3 admeasuring 0.34 hectare for the purposes of the construction of a Park (public purpose). The said proceeding was registered as Land Acquisition Case No. 23-A/82/2008-09 and after following the procedure as provided under the Act, 1894, an award was passed by the Land Acquisition Officer on 10.05.2011 (Annexure P/4) determining the amount of compensation to the tune of Rs.3,02,80,940/- (Three crore two lakhs eighty thousand nine hundred and forty rupees only) and was placed before the Collector, Raipur for its approval, who in turn, has approved the same vide its order dated 16.06.2011. It, however, appears that after its approval as such, the Commissioner, Raipur vide its order dated 25.07.2011 has raised certain objections and in pursuance thereof, the Land Acquisition Officer vide its order dated 03.08.2011 has clarified all the points as under:-

4. After clarifying the queries aforesaid, the Land Acquisition Officer has again submitted the said award, as passed on 10.05.2011, for its approval before the Collector, Raipur, who in turn, vide its order dated 08.08.2011 has recommended for its approval to the Commissioner, Raipur. However, the Commissioner, Raipur vide its order dated 12.08.2011 had directed the Land Acquisition Officer to ascertain the fact from the Housing Board as to whether the land in questio