ASHOK KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners are land owners. Their lands have been subjected to acquisition by the Land Acquisition Officer, Bilaspur and the award passed by the Land Acquisition Officer on 19-4-2005 has been approved by the Collector on 7-5-2005 under the first proviso to Section 11 of the Land Acquisition Act, 1894 (for short 'the Act of 1894').

(2.) The petitioners have filed this writ petition stating inter alia that the Sub Divisional Officer / Land Acquisition Officer has passed an award on 21-12-2004 holding that the petitioners are entitled for compensation to the extent of 12,88,488/- which is apparent from the letter dated 23-3-2005 and the Sub Divisional Officer/Land Acquisition Officer directed the Executive Engineer, Public Works Department to deposit the amount of 12,88,488/- and thereafter, the award has been modified by the Sub Divisional Officer/Land Acquisition Officer and a modified award has been passed on 19-4- 2005 and amount of compensation has been reduced to 2,70,316/-. Such an award cannot be modified without notice and without hearing the petitioners and such an award amounts to review by the Land Acquisition Officer, who is a quasi judicial authority, which is impermissible in law. Therefore, the impugned award is liable to be set aside.

(3.) The State Government has filed its return stating inter alia that the award was passed on 21-12-2004 by the Sub Divisional Officer under Section 11(1) of the Act of 1894 which was not approved by the Collector in exercise of power conferred under the first proviso to Section 11 (1) of the Act of 1894 and ultimately that modified award was passed by the Land Acquisition Officer on 19-4-2005 and it was approved on 7-5-2005 by the Collector and the compensation which the petitioners are entitled is only 2,70,316/- and therefore the petitioners are not entitled for any relief. It is further pleaded that power of the State Government as specified in the first proviso to Section 11 (1) of the Act of 1894 has been conferred to the Collector by the State Government by notification dated 3-9-2003 and therefore unless the award is approved by the Collector, the award passed by the Sub Divisional Officer is not a valid award. It has further been submitted that the award passed is final only when once the award passed is filed in the office of the Collector and notice is issued to the persons interested under Section 12(2) of the Act of 1894 and as such, the writ petition deserves to be dismissed.