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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
NELSON SAILO, J.
Shri Laltluangpuia, S/o Laibuanga – Appellant
Versus
Union of India – Respondent
WP(C) No. 140 of 2019, 91 of 2014, 49 of 2015
Decided on : 20-06-2022.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 114 - Land Acquisition Act, 1894 - Section 11, 4, 6 – General Clauses Act, 1897 - Section 6 - Payment of compensation - Construction/extension of road - Petitioners have sought for payment of compensation for their land, which was acquired by the respondents for construction/extension of road in year 2010 - According to the petitioners, although some amount of compensation was given to them, but the same is insufficient and it was also not assessed in terms of the relevant law on land acquisition including the relevant Schedule of Rates (SOR) to be followed for assessing property damage as followed by the State Public Works Department - It is well settled that if a person has submitted to the jurisdiction of the Authority, he cannot challenge proceedings, on the ground of lack of jurisdiction of said authority in further appellate proceedings. (Para 17)
Findings of the Court :
Amount was sanctioned and deposited before Collector concerned as solatium payable to the land owners concerned having their respective land passes and therefore, the same could not have been diverted for some other purpose for which it was not sanctioned - Therefore, while declining not to entertain the writ petition towards claim for initiating a fresh proceeding for acquisition of their land, the amount that was diverted will have to be refunded for payment to land owners concerned - Accordingly, State respondents in the PHED and the Local Administration Department are directed to refund solatium amount which was disbursed to them by depositing the same before District Collector, within a period of 3 (three) months from the date of receipt of a certified copy of this order failing to which, the amount shall carry interest at rate of 6% per annum from the date of this order till it is fully paid - The amount deposited shall be disbursed to the land owners concerned without delay.
Result : Writ petitions disposed of.
JUDGMENT :
This order will dispose of all the 3 (three) writ petitions.
Heard Mr. Joseph Mangsuanhau, learned counsel for the petitioners and Ms. Zairemsangpuii, learned CGC appearing for the respondent Union of India. Also heard Mr. C. Zoramchhana, learned Addl. Advocate General for the State respondents.
2. By filing this writ petition, the petitioners have sought for payment of compensation for their land, which was acquired by the respondents for construction/extension of road from Farkawn to Thekte Village in the year 2010. According to the petitioners, although some amount of compensation was given to them, but the same is insufficient and it was also not assessed in terms of the relevant law on land acquisition including the relevant Schedule of Rates (SOR) to be followed for assessing property damage as followed by the State Public Works Department.
3. A brief background in respect of the petitioners in WP(C) No. 140/2019 is that they initially approached this Court by filing WP(C) No. 98/2014, which however was dismissed vide Order dated 01.07.2015. The petitioners then preferred W.A. No. 1/2016, which came to be disposed of along with WP(C) No. 9/2018 filed by one Mr. Lalbuka, represented by Mr. Laltluangpuia vide Order dated 30.07.2018. The appellants/petitioners were asked to approach the Deputy Commissioner with their claim for compensation. However, the appellants/petitioners instead approached the Supreme Court by filing SLA (C) Nos. 28196 & 28197 of 2018. The Supreme Court vide Order dated 02.11.2018 disposed of the Special Leave Applications by granting liberty to the petitioners to approach and pursue their representations before the Deputy Commissioner concerned as was directed by the Writ Appellate Court.
4. The petitioners then made their representations to the Deputy Commissioner, Champhai on 17.12.2018, which however came to be rejected by the said authority vide Order dated 23.09.2019. Aggrieved, the petitioners have filed the present WP(C) No. 140/2019 challenging the order of the Deputy Commissioner dated 23.09.2019, while also seeking a direction for payment of adequate compensation as per the relevant laws after declaring the earlier acquisition made in 2010 as null and void. There are 22 (twenty two) petitioners in all in WP(C) No. 140/2019. Petitioner No. 1 is the Power of Attorney holder while the petitioner Nos. 2 to 22 are land owners claiming compensation. Be it stated herein that none of the petitioners in WP(C) No. 140/2019 possess any pass in one form or the other for the land, which they claim belongs to them. According to their counsel, they are contended to press only for enhanced compensation for their crops, plants and their residential houses.
5. In WP(C) No. 91/2014, there are 13 (thirteen) petitioners. Petitioner No. 1 is the Power of Attorney holder while the remaining petitioners are the land owners having Land Settlement Certificates and Mining Pass for their respective land.
6. In WP(C) No. 49/2015, there is only 1 (one) writ petitioner and according to the petitioner, the issuance of Land Settlement Certificate for his land is/was under process and therefore, he may be given appropriate compensation but not on the value of the land.
7. Mr. Joseph Mangsuanhau, learned counsel for the petitioners submits that the respondent authorities have not invoked any provision of the law on land acquisition to assess the amount of compensation payable to each of the land owners. Therefore, the purported acquisition done by the respondents in 2010 should be set aside and the respondent authorities directed to initiate afresh acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013). He submits that the earlier law in this regard, i.e., the Land Acquisition Act, 1894 (Act of 1894) has been repealed by the Act of 2013 as can be seen from Section 114 of the Act of 2013, which is a repeal and saving clause.
Point of Law : It is well settled that if a person has submitted to the jurisdiction of the Authority, he cannot challenge proceedings, on the ground of lack of jurisdiction of said authority in furt....
Legal ownership documents are essential for claiming compensation in land acquisition cases; without them, claims for further compensation are not valid.
The acquisition proceedings under Award No.12/83 were held not to lapse in terms of Sec. 24(2) of the RFCTLARR Act and they will continue.
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
The main legal point established in the judgment is the importance of clarifying disputed questions of fact and doubts on the authenticity of the draft award before seeking any direction for payment ....
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
Forceful dispossession and use of private land for public purpose without following due process of law violates the constitutional right under Article 300A, and delay cannot negate the claim for comp....
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
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