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Kejanglwa Village Peren – Appellant
Versus
State of Nagaland – Respondent
How to determine whether an award under Section 11(2) of the Act of 1894 constitutes a consent award? What is the basis to award enhanced compensation under the Act of 2013 when a reference was made under the Nagaland Land (Requisition and Acquisition) Act, 1965? What are the parameters for the Principal District and Sessions Judge to decide enhanced compensation under the Act of 2013 where terms of reference include "whether the land owner village is entitled for enhanced compensation and if so, on what basis and what are the amounts?"
Key Points: - (!) The question is whether the 21.04.2015 award is an award under Section 11(2) of the Act, 1894, i.e., a consent award, which would preclude enhancement. (!) - (!) The Court held that the compensation determination need not be limited to 1965 Act provisions; the 2013 Act applies for just and fair compensation, with its Schedule-based package being applicable in addition to the 1965/1894 framework. (!) (!) - (!) The impugned order directing reference to pursue 2013-based determination was set aside; the court must first decide if the 2015 award falls within Section 11(2) and, if not, determine enhanced compensation under the 2013 framework as per the terms of reference. (!) (!) - (!) The terms of reference dated 27.04.2016 include: to determine which village is rightful owner and whether enhanced compensation is payable and amounts. (!) (!) - (!) Section 11(1) and its incorporation via Section 11(2) of the 1894 Act governs enquiry and award, including true area, compensation, and apportionment; consent requires an award under Section 11(2). (!) (!) - (!) Section 103 of the 2013 Act provides that its provisions are in addition to other laws; Section 105/106/107/108 contemplate interactions with central and state laws for higher or alternative compensation. (!) (!)
JUDGMENT :
Devashis Baruah, J.
1. Heard Mr. Tali Ao, learned counsel for the petitioner, assisted by Mr. Limawapang, learned counsel and Mr. T.B. Jamir, learned Senior Addl. A.G. appearing on behalf of respondent Nos. 1 to 3 as well as Mr. Diezeseilie Nagi, learned counsel appearing on behalf of respondent No. 4.
2. This application under Article 227 of the Constitution of India is challenging the order dated 08.05.2019, passed by the Principal District and Sessions Judge, Dimapur, Nagaland in Land Acquisition Reference Case No. 01/2016. From a perusal of the said order, it reveals that the reference proceedings originates under Section 12(1) of the Nagaland Land (Requisition and Acquisition) Act, 1965. It further appears from the said order that the award dated 21.04.2015 was passed by the Deputy Commissioner, Peren, who is the Collector of the said district, by which a compensation amount of Rs. 1,25,65,500/- was awarded and vide the said award, the Deputy Commissioner had apportioned an amount of Rs. 95,65,500/- to Kejanglwa Village and Rs. 32,00,000/- to Old Jalukie Village, i.e. the petitioner herein as well as the respondent No. 4. Being aggrieved by the award dated 21.04.2015,
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