Chattisgarh High Court
Banshilal Sidar vs State Of Chhattisgarh & Others on 19 October, 2011
HIGH COURT OF CHATTISGARH BILASPUR
WRIT PETITION C NO 4628 OF 2011
Banshilal Sidar
...Petitioners
Versus
State of Chhattisgarh & Others
...Respondents
! Shri H S Patel Advocate for the petitioner
^ Shri V V S Murthy Dy Advocate General for the State
CORAM: Honble Shri Satish K Agnihotri J
Dated: 19/10/2011
: Judgement
ORDER
(Passed on this 19th day of October, 2011) (Writ Petition under Article 226 of the Constitution of India)
1. By this petition, the petitioner seeks a direction to the respondent authorities to compute /acquire the irrigated land of the petitioner bearing Khasra No.726, admeasuring area 1.14 acres, in view of the provisions of the Land Acquisition Act, 1894 (for short "the Act, 1894") and further direct the respondents to grant compensation to the petitioner and also award interest on compensation amount from the date of possession to the date of granting compensation.
2. The facts, in nutshell, as projected by the petitioner, are that the petitioner is bhumi-swami of the irrigated land bearing Khasra No.726, admeasuring area 1.14 acres, situated at village Nagjhar, Patwari Halka No.11, R.I. Circle & Tahsil Malkharoda, District Janjgir-Champa. A part of the above stated land came under submergence in construction of a canal under the Hasdeo Bango Pariyojna constructed by the State Government in the year 2003-04, without acquisition and payment of compensation.
3. The petitioner made a representation for computation and grant of proper compensation to the authorities time and again and recently on 01st March, 2011 & 20th April, 2011 (Annexure P-4 colly.). The Collector directed the Land Acquisition Officer vide letter dated 10th March, 2011 to take actions for payment of compensation. Till date, nothing has happened and no compensation has been paid.
4. Shri Murthy, learned Dy. Advocate General appearing for the State submits that the Government had already taken a decision to initiate proceedings under the provisions of the Act, 1894 for determination of compensation and making payment thereof, as early as possible.
5. Heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto.
6. Article 300A of the Constitution of India was inserted by the Constitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 20th June, 1979), after the fundamental right to property was deleted from the provisions of the Constitution of India. Article 300A provides that no person shall be deprived of his property save by authority of law. The right to property is a constitutional right and the land of the petitioner could not have been taken without following the process of law. The Act, 1894, provides for publication of preliminary notification under section 4 of the Act, 1894, expressing intention of the Government to acquire the land for any public purpose.
7. Section 5A of the Act, 1894, provides for hearing of objections and thereafter publication of declaration of intended acquisition under Section 6 followed by other provisions providing for compensation to be computed and paid in accordance with the provisions of the Act, 1894 and the passing of the award under Section 11.
8. In the case on hand, the petitioner has been deprived of his constitutional right as enshrined under Article 300A of the Constitution of India, since the day, the land came under submergence in the canal constructed by the State Government. The submission of the State counsel that the Government proposes to issue notification would not achieve the full object of the provisions of the Act, as the objection can be raised only in respect of the compensation not any other respects. Thus, it is just and proper to direct the authorities to take immediate steps to compute the compensation amount and pay the interest from the date of possession, till the amount is paid.
9. The Supreme Court in State of Punjab v. Amarjit Singh and Another1 observed as under :
"12. Thus a person whose land is acquired is entitled to the following amounts under the Act:
(a) xxx xxx xxx
(b) xxx xxx xxx
(c) xxx xxx xxx
(d) Interest on the aggregate of (a),
(b) and (c) above for the period between the date of taking possession to the date of payment/deposit at the rate of 9% per annum for the first year and 15% per annum for the remaining period"
10. It is accordingly ordered that the respondents shall invite objection of the petitioner in respect of the compensation, thereafter, compute the compensation and pay the said compensation with solatium and interest thereon in accordance with law, to the landowner, as early as possible, preferably within a period of four months.
11. Having regard to the facts situation of the case, wherein, the petitioner was deprived of his constitutional rights for a period of about ten years, it is expedient to award a sum of Rs.1,00,000/- (One lakh) as cost to the petitioner.
12. In view of foregoing, the petition is allowed to the above-extent.
JUDGE