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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Roushanara Begum, W/o. Late Feroz Shah - Petitioner
Versus
The State of Assam, Rep. by the Commissioner, Revenue and Disaster Management Deptt., Govt. of Assam & Ors. - Respondents
WP(C) No. 3883 of 2017
Decided On : 14-11-2023
Land Acquisition - Land Acquisition Act, 1894 - Section 30, Section 31(2) - The court held that the Additional Deputy Commissioner was not justified in directing the payment of compensation to the Respondent No. 5 and should have made a reference to the Court in terms with Section 30 of the Act of 1894. The impugned order was set aside and quashed, and the Deputy Commissioner was directed to make a reference to the Court of the District Judge for the entitlement and apportionment of the acquisition compensation.
Fact of the Case:
The Petitioner challenged the order passed by the Additional Deputy Commissioner, Kamrup (Metro) regarding the acquisition compensation for a land covered by Dag Nos. 564, 557, 715, 718 (Part) of K.P. Patta No. 39 and Dag No. 414 (Part) of K.P. Patta No.164 of Village-Pachanipara under Dakshin Rani Mouza. The Petitioner had entered into an Agreement for Sale with the Respondent No. 5 for the land, and a Special Power of Attorney was executed and registered by the Petitioner appointing the Respondent No. 5 as a constituted Attorney.
Finding of the Court:
The court found that the Additional Deputy Commissioner was not justified in directing the payment of compensation to the Respondent No. 5 and should have made a reference to the Court in terms with Section 30 of the Act of 1894. The impugned order was set aside and quashed, and the Deputy Commissioner was directed to make a reference to the Court of the District Judge for the entitlement and apportionment of the acquisition compensation.
Issues: The main issue was whether the Additional Deputy Commissioner was justified in passing the order directing the payment of compensation to the Respondent No. 5 or should have made a reference to the Court in terms with Section 30 of the Act of 1894.
Ratio Decidendi: The court held that when complicated questions arise as regards title to receive the compensation and apportionment, the Collector should not decide such complicated questions of law and fact, rather should make a reference to the Court in terms with Section 30 of the Act of 1894.
Final Decision: The impugned order was set aside and quashed, and the Deputy Commissioner was directed to make a reference to the Court of the District Judge for the entitlement and apportionment of the acquisition compensation.
JUDGMENT :
The instant writ petition has been filed by the Petitioner challenging the order dated 04.08.2016 passed by the Additional Deputy Commissioner, Kamrup (Metro) whereby it was decided that the acquisition compensation in respect to 9 bighas 2 kathas 18 lechas of land covered by Dag Nos.564, 557, 715, 718 (Part) of K.P. Patta No. 39 and Dag No. 414 (Part) of K.P. Patta No.164 of Village-Pachanipara under Dakshin Rani Mouza be paid to the Respondent No. 5 and if the parties are in any manner aggrieved, liberty was given to them to approach the competent court for legal remedy within one month of time from the date of receipt of the order.
2. The facts involved in the instant writ petition is that a proceedings under the Land Acquisition Act, 1894(for short ‘the Act of 1894’) was initiated for acquiring various plots of lands for the purpose of construction of Assam Rifles Headquarter. The said proceedings was registered as LA Case No. 6/2005. The Petitioner herein admittedly is the owner of 22 bighas of land covered by Dag Nos. 412, 413, 414, 418, 469, 471, 564, 557, 715, 718 included in K.P. Patta No.164 and 39 of Village-Pachanipara under Mouza-Dakshin Rani, P.S. – Palashbari in the District of Kamrup (Metro). It is also an admitted fact that the Petitioner had entered into an Agreement for Sale on 18.03.2001 for sale of the said 22 bighas of land to the Respondent No. 5 for a total consideration of Rs.4,50,000/-. At the time of entering into the said Agreement for Sale, an amount of Rs.50,000/- was paid out of the total consideration of Rs.4,50,000/- and thereupon as per the stand taken by the Respondent No. 5 in his affidavit and the documents enclosed, it transpires that the remaining consideration of Rs.4,00,000/- was paid in five installments to the Petitioner. The records further reveals that there is an acknowledgement of the receipt of the entire consideration by the Petitioner. Subsequent thereto, on 04.08.2004, a Special Power of Attorney was executed and registered by the Petitioner whereby the Respondent No. 5 was appointed as a constituted Attorney. It is relevant to take note of what are the powers which have been conferred upon the Attorney in the Special Power of Attorney. The powers which have been conferred upon the Attorney are – to execute the Sale Deeds/Deeds for the plot of land measuring 22 bighas described in the Schedule to the Special Power of Attorney in favour of the intending purchaser, present the same before the authority concerned for its registration, admit execution thereof, grant receipt and to do all other acts, deeds and things necessary for completing the transactions. The Attorney was also authorized to obtain permission to register the Sale Deeds from the concerned authorities.
3. This Court further finds it relevant herein to take note of that pursuant thereto, the lands in question which was the subject matter of the Agreement for Sale dated 18.03.2001 admeasuring 22 bighas was never sold or conveyed in pursuance to the said Agreement for Sale as well as acting on the basis of the Special Power of Attorney. Be that as it may, out of this 22 bighas of land for which the Agreement for Sale was entered into between the Petitioner and the Respondent No. 5, 9 bighas 2 kathas 18 lechas of land which was covered by Dag No, 564, 557,715,718 (Part) of K.P. Patta No.39 and Dag No. 441 (Part) of K.P. Patta No. 164 was acquired by the Respondent Authorities in Land Acquisition Proceedings which have been registered and numbered as LA Case No.6/2005.
4. The records further reveals that the Petitioner herein was issued notices initially for collecting the compensation. Subsequent thereto, the Respondent No. 5 also made a claim to the compensation on the basis that in respect to the land in question, the Petitioner already received the entire consideration and as such had no right to receive the compensation for which the Respondent No. 5 should be paid the entire compensation.
5. On the basis of
The main legal point established in the judgment is that when complicated questions arise as regards entitlement and apportionment of compensation, the Collector should make a reference to the Court ....
The Collector is statutorily obligated to refer disputes regarding compensation apportionment to the Court, and failure to do so renders any decision made without jurisdiction.
The final and conclusive nature of the award made under the Act of 1894 as regards the compensation to be paid, and the procedure for seeking reference for determination by the Court as provided in t....
The competent authority must consider all claims and provide hearings to all relevant parties before disbursing compensation; failure to do so renders such disbursements illegal.
The Land Acquisition Officer has authority to decide simple title issues but must refer complicated matters to the Civil Court, ensuring fair consideration of all claims.
The Deputy Collector lacked jurisdiction to amend a finalized award under the Land Acquisition Act; disputes on compensation apportionment must be determined by a Civil Court based on the parties' ri....
An agreement holder without a registered title cannot challenge land acquisition proceedings or claim compensation under established law.
Only those with registered titles have the legal entitlement to compensation under land acquisition proceedings, and claims for common areas must be substantiated by clear legal doctrines.
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