GOPAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Although relief for quashment of land acquisition proceeding has been prayed in both the writ petitions i.e. WP (C) No. 1550 of 2013 (henceforth 'first petition') and WP (C) No. 1555 of 2013 (henceforth 'second petition'), in course of hearing learned counsel appearing for the petitioners would restrict his submission only to the extent payment of compensation originally fixed by the Land Acquisition Officer while passing the award dated 22.12.2011, which was duly approved by the Collector on the same date.

(2.) Admittedly, the land acquisition proceeding was initiated for the benefit of M/s Sarguja Rail Corridor Private Limited, Adani Group, Ketka Road, Behind Shyam Mandir, Surajpur, in which petitioners' lands were also notified for acquisition. The Land Acquisition Officer eventually passed an award on 22.12.2011. In the said award, the petitioners of first petition were held to be entitled to get compensation of Rs. 28,41,696/- and the petitioners of second petition were held to be entitled to get compensation of Rs. 30,26,648/-. In the first case, the petitioners were paid an amount Rs. 7,23,100/- on 31.12.2011 and in the second case, an amount of Rs. 7,70,952/- was paid to the petitioners on the same date. When the remaining amount of compensation was not paid to the respective petitioners, they moved a representation before the Collector on 08.08.2013, however, the balance amount remains still unpaid, therefore, the petitioners have preferred these writ petitions.

(3.) Learned counsel appearing for the petitioners would submit that the award having not been subjected to any modification under any permissible statutory provision, the non-payment of balance amount is wholly arbitrary and illegal. Learned counsel would submit that as a matter of fact, there is no provision in the Land Acquisition Act, 1894 (for short 'the Act') which empowers the Land Acquisition Officer to amend an award to reduce the amount of compensation already assessed by the Land Acquisition Officer at the time of preparation of award.