Patna High Court - Orders
Dedicated Freight Corridor ... vs The State Of Bihar & Ors on 28 July, 2014
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3997 of 2014
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Dedicated Freight Corridor Corporation Of India Ltd. having Office at 5th
Floor, Pragati Maidan, Metro Station Building Complex, New Delhi-
110001 and Registered Office at 101 A, Rail Bhawan, New Delhi- 110001
and its Project Office at Shyama Kunj, Plot No. 122/1 DAFI (Varanasi-
Mughalsarai Bypass Naipura, P.S.- Lanka), P.O. and District- Varanasi
through its Chief Project Manager
.... .... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary Department Of Land and
Revenue, Government Of Bihar
2. Principal Secretary Department Of Land and Revenue, Government Of
Bihar
3. The District Magistrate-Cum-Collector, Rohtas, P.O. and P.S.- Sasaram,
District- Rohtas
4. The Competent Authority-Cum-District Land Acquisition Officer,
Sasaram
5. The Anchal Adhikari, P.O. and P.S.- Sasaram, District- Rohtas
6. Arrah Sasaram Light Railway Company (In Voluntary Liquidation)
Having Registered Office At 12 Mission Row Now Known as Rajendra
Nath Mukherjee Road, Kolkatta- 700001 through its Liquidator Kedar Nath
Fatehpuria, Son Of Late Shyam Sunder Fatehpuria R/O Mohalla-
Mukherjee Road, P.S.- Hare Street, Kolkatta- 700001
7. Arun Kumar Singh Son Of Not Known to the Petitioner Resident Of
Prem Chand Path, Gorakshini, Sasaram
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Keshari, Advocate.
For the State : Mr. Arvind Kumar-1, SC-13
For Respondent no.7 : Mr. Kamal Nayan Chaubey, Sr. Advocate.
Mr. Siddharth Harsah, Advocate.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
5 28-07-2014Heard learned counsel for the petitioner and learned counsel for the State as well as respondent no.7.
2. The Government of India has incorporated a Company in the name of Dedicated Freight Corridor Corporation of India Ltd. for purposes of creating proper infrastructure for railway for fast movement of goods from one corridor to another. From the record it appears that Dedicated Freight Corridor across the Patna High Court CWJC No.3997 of 2014 (5) dt.28-07-2014 2 country is a mammoth prestigious project and creating a net work of Railway for the fast movement of the goods trains as well as some prestigious passenger train is in progress. One Dedicated Freight Corridor is under construction to enable the Indian Railways to improve its customer orientation and meet market needs more effectively. In the first phase it has been resolved to construct two corridors, namely, the Western Dedicated Freight Corridor and eastern Dedicated Freight Corridor spanning a total length of about 3300 K.M. The eastern corridor starts from Dankuni, West Bengal to Ludhiana, Punjab having length of 1839 K.M. The western corridor starts from Dadri to Mumbai crossing different States. The major part of western part freight corridor is constructed by Japanese assistant and major part of eastern freight corridor project is funded by the World Bank. The delay in progress of work will not only detrimental for the project which will ultimately affect the public at large.
3. While the work in between Mugalsarai and Sonanagar was in progress it was found that construction of Road Over- bridge connecting with Arrah to national highway no.2 is a stumbling blockage as pillar on existing road over bridge near west-end of Sasaram Railway station has been found falling in the alignment of railway track meant for dedicated freight Patna High Court CWJC No.3997 of 2014 (5) dt.28-07-2014 3 corridor and for the construction of road over bridge a piece of land measuring 131x20 meters are required from plot no.41, appertaining to Khata No.95, Thana No.135 Village-Rasolpur, P.S. Sasaram, District Rohtas at Sasaram.
4. From the record it appears that there is dispute over the right and title by two contestant, as one side is State and other side is private respondent. As per the private respondent the said land was acquired for Arrah Sasaram Light Railway Co. of having an area of 7 Acres 35 decimals and after acquisition of the land the Company came in exclusive possession over the land and thereafter the land having been entered in the Municipal Survey Records in the year 1931.
5. After closure of the Company, a Company Petition No.623 of 1977 was filed before Calcutta High Court and Company sought permission to sell the acquired lands but the State of Bihar did not respond and as such another Petition No. 267 of 1990 was filed before Calcutta High Court for a direction to the State of Bihar to acquire the land or grant permission to sell the land. The State of Bihar did not respond.
6. The Calcutta High Court vide order dated 7.2.1992 granted permission to the Company to sell the land, however, the State of Bihar was given a preferential right to purchase the land on the highest bid price.
Patna High Court CWJC No.3997 of 2014 (5) dt.28-07-20144
7. Against the aforesaid order the State of Bihar preferred an appeal Vide Appeal No.415 of 1992 before the Division Bench which was dismissed on 7.12.1992 and thereafter the State of Bihar filed S.L.P. No. 22256 of 1997 which was again dismissed on 14.12.1997. In this way the Company has got the permission to sell the acquired land as the issue settled finally on dismissal of S.L.P.
8. In the meantime, the District Board, Rohtas filed an Extraordinary Suit No.8 of 1995 for the limited issue of money claim and the same was disposed of in terms of compromise decree dated 6.1.2006 which has been upheld by Hon'ble Supreme Court.
9. It also appears that an appeal was filed by the Union of India vide Survey Appeal No.24 of 1990 challenging the Municipal Survey Khatiyan in favour of the Company. After hearing the parties the Superintendent of Survey and Settlement dismissed the said appeal vide order dated 2.2.2000 holding that the land in question belonged to the Company. In the decree dated 6.1.2006, the authorities were directed to rectify the error in the record of right with respect to the land of Company and prepare fresh record of right in its name, instead of complying the order started creating hindrance in the work of Company as their illegal demands were not fulfilled. Patna High Court CWJC No.3997 of 2014 (5) dt.28-07-2014 5 Hence contempt proceeding vide Contempt Case No. 98 of 2006 was initiated against the Deputy Development Commissioner, Rohtas, District Magistrate, Rohtas, District Sub Registrar, Sasaram, In-charge District Sub Registrar, Bikramganj and for non-compliance of the order dated 6.1.2006 the Calcutta High Court punished them by directing to remain physically present for full day.
10. From the record it also appears that a proceeding under Section 145 of the Code of Criminal Procedure was initiated against the Company and same was stayed by this Court in Cr.W.J.C. No. 80 of 2009. It further appears that the State of Bihar initiated Appeal Case No.1 of 2009 under Rule 111/497 of the Bihar Survey and Settlement manual, 1959 for correction of fraudulent entries and order dated 19.2.2009 was passed for correction of the entries by the Superintendent of Survey and Settlement.
11. The aforesaid order was challenged by the Company vide C.W.J.C. No. 6641 of 2009 and this Court vide order dated 4.1.2011 held that Appeal No.1 of 2009 was not at all maintainable nor the Superintendent of Survey and Settlement had any jurisdiction or authority to exercise its inherent jurisdiction in the already settled matter, specially in view of his own earlier order passed in the year 2000 and the specific Patna High Court CWJC No.3997 of 2014 (5) dt.28-07-2014 6 orders and directions of the Calcutta High Court. However, if the State of Bihar and its authorities had any grievance they could approach the Calcutta High Court before whom the Company petition for liquidation of the company was/is pending. The matter was moved in L.P.A. No. 683 of 2011 therby challenged the order of Single Judge unsuccessfully. It also appears from the record that as per the State of Bihar they are claiming that the land in question has been recorded in the cadastral survey as 'Kaisare Hind". They have also claimed that the land in question of present proceeding was not acquired for Arrah Sasaram Light Railway.
12. It also appears from the record that three suits have been filed i.e. Title Suit Nos. 776 of 2011, 777 of 2011 and 787 of 2011 in the court of the Sub-Judge I, Sasaram. In Title Suit No.776 of 2011 relief has been sought for by the State of Bihar to declare all five sale deeds dated 24.2.2003 executed by defendant no.1(B) in favour of the defendants are without authority. In Title Suit No. 777 of 2011 relief has been sought that on adjudication and consideration of the facts it be declared that sale deed No.2279/03, 6227/06, 7435/06 and 7459/06 are without authority, without consideration, fraudulent, inoperative, not acted upon and not binding upon the plaintiff and nullity. In Title Suit No. 787 of 2011 relief has Patna High Court CWJC No.3997 of 2014 (5) dt.28-07-2014 7 been sought for that on adjudication and consideration of the facts it be declared that sale deed nos. 6524/06, 6836/06, 6947/06,7112 of 2006, 7507/06,7586/06 are without authority, without consideration, fraudulent, inoperative, not acted upon, not binding upon the plaintiff and nullity. In the body of the plaint statement has been made that land of Khata No.95 was never subject matter of acquisition but no such relief has been sought in this regard in the plaint.
13. From the orders of the Calcutta High Court as well as this Court in C.W.J.C. No. 6641 of 2009 and L.P.A. No.683 of 2011 this Court is of the view that the reason assigned by the Land Acquisition Officer that he can not acquire the land treating the land as 'Kaisare Hind' is not sustainable in law on two grounds, first Section 20A of the Railways (Amendment) Act, 2008 where the power has been conferred upon the competent authority which provides that the Central Government is satisfied that for a public purpose any land is required for execution of a special railway project it, may, by notification declare its intention to acquire such land. Emphasis has been placed on the word 'any land'.
14. Learned counsel for the petitioner submits that any land will include not only the private land even on the land of the State Government.
Patna High Court CWJC No.3997 of 2014 (5) dt.28-07-20148
15. From facts as stated above this Court is of the view that the order dated 21.7.2012 (Annexure-2) is completely misplaced and misconceived as repeatedly by different courts have not accepted the plea of State. Accordingly the order dated 21.7.2012 is hereby quashed and Land Acquisition Officer, Sasaram is directed to acquire the land in terms of Section 20A of the Railways (Amendment) Act, 2008. However, the issue of apportionment will be decided by the competent authority. Private respondent will be at liberty to raise his objection there and competent authority will be bounden duty to decide the issue of apportionment and pass the order in accordance with law. This Court is not deciding the right, title of contesting parties over the land in dispute.
16. With the aforesaid observation this writ petition is allowed.
Vinay/- (Shivaji Pandey, J) U