Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Gau) 93

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) AIZAWL BENCH : AIZAWL
AJIT BORTHAKUR, J.
Malsawma and Ors. – Appellant
Versus
State of Mizoram and Ors. – Respondent
W.P.(C) No. 130-132, 135 OF 2013, WP(C) 116-118 OF 2015, WP(C) 16 OF 2014, WP(C) 45, 51 OF 2017
Decided on : 27-01-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Lalfakawmqa Advocate
For the Respondent: Mr C. Zoramchhana

Point of Law: Section 31(2) of the Act requires the Collector to deposit the awarded amount in Court in case it is not received by the persons interested or there is some dispute. Under the said Act, the deposit is required only with a view to avoid liability to pay interest, but if it does not deposit the amount under Section 31, acquisition would not lapse thereby

Headnote:
Land Acquisition Act, 1894 – Acquisition of Land – Claim of compensation - Writ jurisdiction - Whether lands occupied by them fell under Reserve Forest Land or not - As awardees/LSC holders of the land involved in Award did not receive any awarded amount of compensation, they by way of agitation did not allow NEEPCO to start the construction work of said Hydro Electrical Project - As such, after a joint decision of the agitators/awardees Pass holders LSC holders and Government officials NEEPCO which is requiring authority awarded amount to awardees of said Award enabling them to construct the said Hydro Electric Project - Excepting same no payments towards compensation in the aforementioned Awards have been made till date –
Finding of the Court:
A land acquisition Award undoubtedly has the sanctity of a decree and as such, in the complicated backdrops of claims and counter-claims of the parties in the instant writ proceedings, Awards in question cannot be executed by resorting to the extra-ordinary jurisdiction under Article 226 by way of issuing the writ of mandamus or certiorari as a short cut method to compel the Government which has not bothered to pay compensation to petitioners, whose landed property has been acquisitioned more than eighteen for public purpose - Petitioners apparently have an alternate and efficacious remedy in Land Acquisition Act, 1894 to compel the Government to pay the compensation due to them, in present complicated nature of facts involved in their claims and counter-claims of the State Government writ jurisdiction cannot be the appropriate remedy to enforce their rights. It may be pointed out here that Collector by making the Awards did not act as agent of Government, but as a statutory authority and same having attained finality on receipt of approval of the Government, the same do bind both Collector and the writ petitioners - It may further be pertinently mentioned, as submitted by both sides, that the acquired land has already been handed over to the NEEPCO and NEEPCO has already completed construction of the Hydro Electric Project - petitioners of all above Writ Petitions shall seek alternative remedy for execution of the Awards in accordance with the procedure prescribed in Land Acquisition Act, 1894 - It is however, made clear that despite having directed as above State Government is at liberty to pay compensation amounts due to the writ petitioners –
Result: Petitions are disposed of

JUDGMENT :

Since the issues involved in all the above ten (10) writ petitions are arising out of land acquisition Awards mentioned below in respect of Tuirial Hydro Electric Project, Mizoram under the Land Acquisition Act, 1894 they are taken up together and disposed of by this common Judgment and Order.

[2.] Heard Mr. A.R. Malhotra, the learned counsel appearing for the petitioners in WP(C) Nos. 45 of 2017; 51 of 2017 and 16 of 2014; Mr. Lalfakawma, the learned counsel appearing for the petitioners in WP(C) Nos. 130 of 2013; 131 of 2013; 132 of 2013 and 135 of 2013. Also heard Mr. Lalchhanliana Khiangte, the learned counsel for the petitioners in WP(C) Nos. 116 of 2015; 117 of 2015 and 118 of 2015. Further, heard Mr. C. Zoramchhana, the learned Addl. Advocate General for the respondent Nos. 1, 2 and 3; Ms. Zairemsangpuii, the learned CGC appearing for the respondent No. 4 as well as Mr. V.K. Jindal, the learned Senior Advocate assisted by Mr. Roshan Subedi, the learned counsel appearing for the respondent No. 5/NEEPCO.

[3.] The aforesaid ten writ petitions are preferred being not executed the following Awards are not executed relating to acquisition of lands of the petitioners for construction of the Tuirial Hydro Electric Project, Mizoram.

(A) Award No. 4/2002 dated 18/6/2002

[WP(C) No. 130/2013;

WP(C) No. 16/2014 &

WP(C) No. 118/2015]

(B) Award No. 5/2003 dated 16/7/2003 & Supplementary Award No. 6/2003 dated 27.01.2006.

[WP(C) No. 132/2013;

WP(C) No. 135/2013;

WP(C) No. 116/2015]

[WP(C) No.131/2013]

(D) Award No. 6/2003 & Supplementary Award No.6/2003

[WP(C) No.45/2017

WP(C) No. 51/2017

WP(C) No. 117/2015]

Now let us see the reliefs prayed by the petitioners Award wise and writ petition wise relevant thereto:

(A) AWARD No. 4/2002:

The Award No. 4 was made and published by the District Collector on 18/06/2002 for an amount of Rs. 8,04,90,627.00 towards payment of compensation to 352 awardees for trees, crops, plants etc., in respect of 9310 bighas of land to be acquired for submergence area (Phase-I). It may pertinently be mentioned that the NEEPCO in pursuance to MoU dated 12/08/2003 paid 50% of the awarded amount to the land holders, was subsequently objected by the State Government and Government of India.

The following writ petitions are related to claim for execution of the aforesaid award and for making a supplementary award.

(i) W.P(C) No.130/2013:

The aforesaid Writ Petition is filed by 229 number of Awardees with a common prayer to direct the Respondents to pay the balance compensation amount to the Petitioners under the above Award No. 4/2002 and also to make a Supplementary Award to the said Award No. 4 of 2002 and further to pay interest @ 6% p.a due to delay in payment.

(ii) W.P(C) No.16/2014:

This Writ Petition is filed by 20 number of Awardees of Award No. 4/2002 with similar prayers as made in W.P(C) No. 130/2013.

(iii) W.P(C) No.118/2015:

This Writ Petition is filed by 32 number of Awardees of Award No. 4/2002 with similar prayers as that of W.P(C) No. 130/2013.

(B) AWARD NO. 5/2003:

The Award No. 5/2003 dated 16/7/2003 was passed by the Collector for Rs. 5,58,60,928.00 for payment to 348 number of Awardees as compensation for trees, crops, plants etc., in respect of 16468.77 bighas of land acquired for submergence area Phase – II of the Tuirial Hydro Electric Project.

(i) W.P(C) No. 132/2013:

This Writ Petition is filed by 165 number of Awardees of Award No. 5/2003 with a prayer to direct the Respondents to pay the compensation amount to the Petitioners as per Award No. 5/2003 and also to make a Supplementary Award to the Award No. 5/2003.

(ii) W.P (C) No. 135/2013:

This Writ Petition is filed by 53 number of Awardees of Award No. 5/2003 with similar prayers as that of W.P(C) No.132/2013.

(iii) W.P (C) No.116/2015:

This Writ Petition is filed by 44 number of Awardees of Award No.5/2003 with similar prayers as that of W.P (C) No. 132/2013.

Award No. 5/2002 dated 26/8/2002 is for Rs.68,

Click Here to Read the rest of this document

2021 Supreme(Gau) 93

Cases Referred (3)