GAUKARAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE above petitions are being disposed of by this common order as the point involved in all these petitions is same. THE petitioners in these writ petitions are the owners of agricultural lands situated at Village Sonadih, Gudeliya, Dhabadih and Mopka. Respondent-Lafarge India Pvt. Limited, a Company registered under the Indian Companies Act, 1956, (for short 'the respondent-Company') has a cement plant at Village Sonadih, Tehsil Baloda Bazar. THE Company submitted an application dated 16-5-2006 to the Additional Chief Secretary-cum-Convener, State Industrial Promotion Board, Government of Chhattisgarh stating therein that they have taken a decision to establish a rail link between their Sonadih Plant & Nipaniya Railway Station at their own expenses. THE land required by the Company consists of private land and Government land and therefore, immediate step for acquiring the entire land falling in the alignment of proposed rail link was requested. In all approximately 74 hectares of private land of nine villages situated at Bhatapara and Baloda Bazara Tehsil were required by the Company. THE Collector sent a memo to the Sub Divisional Officer (Revenue)-cum-Land Acquisition Officer of Bhatapara & Baloda Bazar for the purpose of above acquisition. THE Sub Divisional Officer, Baloda Bazar vide his memo dated 26th/27th April, 2007 addressed to the respondent-General Manager, District Industries & Trade Centre, Raipur apprised about the cost of acquisition of the lands of Bhatapara & Baloda Bazar and directed to deposit cheque for the necessary amount for acquisition so that further land acquisition proceedings may be commenced. Respondent-Chhattisgarh State Infrastructure Development Corporation, Raipur (for short "CSIDC") in turn requested the respondent-Company vide its memo dated 30-5-2007 to deposit the entire cost of acquisition in nine villages, which was assessed to Rs. 2,55,72,753/- approximately.

(2.) IN response to the above request, the respondent-Company addressed a memo dated 31-5-2007 mentioning therein that cheque for the above sum in favour of the CSIDC against the payment for land acquisition of private lands for railway line under Bhatapara @ Baloda Bazar is being forwarded and it was further requested to release necessary payment to the Sub Divisional Officer, Bhatapara & Baloda Bazar for taking further action in the matter. Respondent-CSIDC vide memo dated 7-6-2007 sent the entire sum deposited by the respondent-Company to the General Manager, District INdustries & Trade Centre for transferring the same to the Sub Divisional Officer, Bhatapara & Baloda Bazar. Thereafter, the impugned notification dated 17-8-2007 was issued by the respondent-Collector mentioning therein that the land in dispute is required for the public purpose, Le., for construction of railway line for industrial purposes.

(3.) SECTION 3(f) of the Act, 1894 wherein "public purpose" has been defined stands amended in the State of Chhattisgarh and it includes the provisions of land for business or industrial purposes or for any purpose incidental to it apart from other purposes. The proposal of the respondent-Company was in the public interest as heavy traffic in the concerned road would get lessened and it would further increase revenue of the railway and also promote industrial activities in the State. The State has entered into a Memo of Understanding (for short 'MoU') with the respondent-Company and it is obligatory upon the State to extend all necessary assistance in procuring optimum land in favour of the respondent-Company. The land in question shall be given to the respondent-Company on lease after acquisition. Whether public money is to be invested in the instant acquisition is a question that would arise at the time of actual acquisition. Clause 3.1 of the Industrial Policy (Annexure R-9) stipulates that the State Government would take all serious endeavors to ensure that upcoming industries in the State are provided with the rail facilities. Provisions of Part VII of the Act, 1894 comes into play only at the time of issuance of declaration under SECTION 6 of the Act, 1894. In view of MoU of Annexure R-7, the State is bound to provide necessary land for construction of railway siding to the respondent-Company. SECTION 43 of the Act, 1894 clearly stipulates that SECTIONs 39 to 42 of the Act, 1894 shall not apply where the State Government under the agreement is or was bound to provide land to a company.