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2019 Supreme(UK) 131
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
SHARAD KUMAR SHARMA, J.
THDC India Limited - Petitioner
Versus
State of Uttarakhand and others - Respondents
Writ Petition No. 2924, 3366, 3368, 3470 & 3539 of 2018 (M/S) With Miscellaneous Application No. 2878, 2879, 2913, 2876 & 2874 of 2019 with Short Counter Affidavit
Decided On : 12-03-2019
Advocate Appeared:
For the Petitioner:Mr. Shobhit Saharia, Advocate
For the Respondent: Mr. Anurag Bisaria, Standing Counsel
The main legal point established is that a Cell constituted by a judicial order for administrative functions cannot exercise the power of review unless specifically provided by law. Additionally, the principle of merger applies to interlocutory orders after the settlement of the main issue.
Headnote:
Cell - Land Acquisition - SLP No. 22894 of 2005 - ALR 1997 (31) 681, Smt. Shivraji and Others v. Dy. Director of Consolidation, Allahabad and Others - The judgment discusses the purpose and reason for the Cell constituted by the Hon’ble Apex Court, the power vested with the District Magistrate, and the introduction of a retired District Judge to facilitate the decision-making process in determining reasonable compensation. It also addresses the Cell's power to entertain review applications and condone delays, emphasizing that the Cell's authority is limited to administrative functions and cannot exercise the power of review unless specifically provided by law.
Fact of the Case:
The petitioner, Tehri Hydro Development Corporation Limited, undertook acquisition proceedings to acquire land for a project. The controversy arose from impugned orders passed by the Cell constituted by the Hon’ble Apex Court, which entertained review applications and condoned delays, extending its powers beyond administrative functions.
Finding of the Court:
The Court found that the Cell's authority was limited to administrative functions and could not entertain review applications or condone delays. It also noted that the main issue pending before the Hon’ble Apex Court had been settled, and the Cell's functioning was not extended by the final judgment.
Issues: The issues included the scope of the Cell's authority, its power to entertain review applications, and the effect of the settlement of the main issue pending before the Hon’ble Apex Court.
Ratio Decidendi: The Court held that the Cell's authority was limited to administrative functions and could not exercise the power of review unless specifically provided by law. It also applied the principle of merger to conclude that subsequent review applications could not be entertained after the main issue was settled by the final judgment.
Final Decision: The impugned orders passed by the Cell were quashed, and the writ petitions were allowed.
1. Short Counter affidavits as filed by respondent No. 4 in all connected writ petitions are taken on record. Miscellaneous Applications made therefor are accordingly allowed.
2. Since the controversy involved in the writ petitions is identical, as such, they are being disposed of by this common judgment. The matter is taken for final adjudication with the consent of the parties to the bunches of petitions.
3. The petitioner, Tehri Hydro Development Corporation Limited is a statutory Corporation, vested with the upkeep, maintenance and operation of the said project. For the purposes of establishment of the said project, the petitioner had to undertake massive acquisition proceedings to acquire the land of the neighbouring villages, which were likely to be submerged with the rise of water level of the said project dam or were effected in any manner by the project. The acquisition process, as well as, the rehabilitation of displaced person was scheduled to be done phase wise, depending upon the rise of the water level of the reservoir and available of land for rehabilitation. In this entire process, the inhabitants, whose land was acquired i.e. the petitioner itself of all connected petitions with the project often used to face certain minor difficulties, which were sought to be eradicated by a Cell which was constituted by the Hon’ble Apex Court vide its order dated 24.04.2007 as rendered in SLP No. 22894 of 2005, N.D. Jayal and Another v. Union of India and Others. While considering the Miscellaneous Application 7124 of 2004 when the order was passed by this Court in WP(PIL) No. 1287 of 2003, summarizing the controversy, the Hon’ble Apex Court had issued the following directions:-
“Going by the averments made by the petitioners, we find that there are series of minor complaints by the PAFs that they are not being paid reasonable compensation, and also not being paid money for relocating their families and there is also a complaint to the effect that these families are not being paid for the structures such grocery shop, cattle shed erected by them. These complaints could be looked into by the District Magistrate and to have a fair settlement of these complaints, we suggest that services of a retired District Judge can be made available so that he can work along with the District Magistrate and sort out all these complaints. The Chief Justice of the Uttaranchal High Court would suggest the name of a retired District Judge and also fix the honorarium and the same shall be communicated to the concerned District Magistrate and the THDC on or before 18th May, 2007. A copy of this order may be sent to the Chief Justice of the High Court of Uttranchal.”
4. On a rationale interpretation to the purpose and the reason why the Cell was constituted, and why and to what extent the power was vested with the District Magistrate he was to be assisted by the Land Acquisition Officer in undertaking the process it was aimed to overcome the minor difficulties, which were being faced by the land looser(s), the Corporation itself and the Administration, and also to overcome the minor complaints which were being received by the District Magistrate in relation to the determination of compensation, quantum of compensation being paid and various such other interconnected minor spheres of controversy as has been dealt with by the Hon’ble Apex Court in its order dated 24.04.2007.
5. In order to facilitate the decision making process, the Hon’ble Apex Court by the order dated 24.04.2007 had introduced a retired District Judge to be made as one of the members of the Cell who was to be nominated by the Chief Justice of Uttarakhand High Court. It is needless to say that once a conscious decision was taken by the Hon’ble Apex Court with regard to the purpose and the reason for which the Cell was constituted and the very fact that the District Judge was introduced as one of the members, what Hon’ble Apex Court aimed at was to facilitate the rationale deci
