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2008 Supreme(Ori) 1053
IN THE HIGH COURT OF ORISSA
S.C. Parija, I.M. Quddusi, JJ.
RAM NAG - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
Decided On : 08-04-2008
The main legal point established in the judgment is the application of the principle of res judicata in determining the maintainability of the Writ Petition challenging the land acquisition proceeding.
Headnote:
Land Acquisition - Res Judicata - Land Acquisition Act - Section 4(1), 6(1), 11A - The court dismissed the Writ Petition challenging the land acquisition proceeding, stating that the petition was misconceived as a Public Interest Litigation and that the issue had already been decided in a previous suit. The rule of res judicata applies if the matter directly and substantially in issue in a suit or a proceeding was directly and substantially in issue in the previous suit between the same parties and had been heard and finally decided by a competent Court. The Writ Petition was accordingly dismissed.
Fact of the Case:
The Petitioner filed a Writ Petition challenging the land acquisition proceeding, alleging non-compliance with statutory provisions of the Land Acquisition Act and seeking to declare the land acquisition proceeding as null and void.
Finding of the Court:
The court found that the Writ Petition was misconceived as a Public Interest Litigation and that the issue had already been decided in a previous suit. The court dismissed the Writ Petition on the grounds of res judicata.
Issues: The main issue was whether the Writ Petition challenging the land acquisition proceeding was maintainable and whether it was barred by the principle of res judicata.
Ratio Decidendi: The court held that the Writ Petition was not maintainable and was barred by the principle of res judicata as the matter had already been decided in a previous suit between the same parties.
Final Decision: The Writ Petition was dismissed as it was found to be barred by the principle of res judicata.
JUDGMENT :
S.C. Parija, J. - The present Petitioner, Ram Nag along with others, had earlier filed a Writ Petition i.e. W.P.(C) No. 13048 of 2006 with the following prayer:
In the circumstances stated above, it is therefore most humbly prayed that your Lordships may be graciously pleased to declare the land acquisition proceeding as null and void without the force of law and be pleased to quash the notification under Annexure-3 series due to violation of the provisions of said Act and to initiate fresh proceedings as per law;
And
Further be pleased to direct the State authorities (Opp.Parties 1 to 6) not to take any drastic and whimsical steps to deprive the Tribal Petitioners (representing four villages) from their property forcibly by using police force without following the due procedure of law i.e. the payment of proper compensation, proper re-settlement and re-habilitation according to policy decision of State Govt. under Annexure-4 series as all the Petitioners and others have a full support to the 'Rukuda Dam Project' for the entire benefit of the agricultural land etc.
And
May also be pleased to direct the Opposite Parties 2 to 6 not to impose any false charges against the innocent tribals and to deten the said tribals in the Jail custody who are only trying to protect the self property as of Constitutional and fundamental rights;
2. The main allegation of the Petitioners in that Writ Petition i.e. W.P.(C) No. 13048 of 2006 was that the notice u/s 4(1) of the Land Acquisition Act has been issued in the year 2002 i.e. 12th June, 2002 and the publication u/s 6(1) of the said act having been issued in the year 2003 i.e. 20.8.2003, which is after the expiry of one year from the date of issuance of notification u/s 4(1) of the said Act, the same is in complete contravention of the provision contained in Section 6(1)(ii) of the Land acquisition Act and further no compensation having been paid within two years from the date of such publication, the entire land acquisition proceeding is null and void as provided u/s 11A of the said Act.
3. This Court by older slated 15.2.2007 dismissed the said Writ Petition i.e. W.P.(C) No. 13048 of 2006, which reads as follows:
Heard Learned Counsel for the parties.
This Writ Petition is filed in the garb of a Public Interest Litigation challenging the land acquisition proceeding. We are of the view that if the land is acquired, the persons whose lands are acquired, are entitled to a compensation under the law. Therefore, this Writ Petition stating to be a Public Interest Litigation at the instance of the persons other than those, who have been effected by such acquisition is misconceived one and the same cannot be entertained. We therefore, dismiss this Writ Petition. We, however, make it clear that we have not examined the merits or otherwise of the validity of such land acquisition proceeding.
In view of this order, Misc. Case No. 11532 of 2006 is also dismissed.
4. Now the present Writ Petition has been filed with identical allegation regarding non-compliance of statutory provision of Land Acquisition Act and with identical prayers as had been made earlier in W.P.(C) No. 13048 of 2006 which is quoted below:
In the circumstances stated above, it is therefore most humbly prayed that your Lordships may be graciously pleased to declare that the land acquisition proceeding as null and void and without the force of law and be pleased to quash the notification under Annexure-2 series due to violation of the provisions of said act and to direct to initiate fresh proceedings as per law if so advised.
And
Further be pleased to direct the State authorities (Opp.Parties) not to take any drastic and whimsical steps to deprive the Tribal Petitioner and other villagers of the aforesaid four villages from their property forcibly by using Police force without following the due procedure of law i.e. the payment of proper compensation, proper re-settlement and re-habilitation according to policy decision of State Govt. th
