ACHAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the petitioners seeking the setting aside the order dated 19.4.2005 passed by the Land Acquisition Collector, Col Dam, Bilaspur, (HP), refusing to make a reference under Sections 30 and 31 of the Land Acquisition Act (hereinafter called the Act).

(2.) The facts, which are relevant for the decision of the present petition, are that the State of Himachal Pradesh had acquired some land for a public purpose, namely, for the construction of Kol Hydro Power Project in village Harhoda Tehsil . Sadar District Bilaspur. In pursuance of the acquisition of the said land by the State, the Land Acquisition Collector started proceedings for assessing the compensation to be paid to be the land owners for the acquired land. At that stage, the present petitioners had filed petitions under Section 9 of the Act, alleging therein that infect they were entitled to compensation for the acquired land and not the persons who were recorded as owners of the acquired land in the revenue record. After hearing both the sides, the Land Acquisition Collector declined the petitions filed by the present petitioners under Section 9 of the At. Aggrieved against the same, the petitioners filed petition under Section 227 of the Constitution of India in this Court, bearing CMPMO No. 22 of the 2004. After hearing both the sides, this Court vide dated 4.1.2005 dismissed the said petition, with the following observations: "The petitioners are not debarred from agitating their rights to the title of the acquired land and apportionment of the amount of compensation under Sections 30 and 31 of the act against the award made by the Collector. In the circumstances of the case, the order of the Land Acquisition Collector dated 8.1.2004 does not warrant interference in these proceedings as the petitioners have an alternative efficacious remedy available to them under the Land Acquisition Act."

(3.) After the aforesaid order was passed by this Court, the petitioners filed petition under Section 30 of the Act before the Land Acquisition Collector for apportionment of compensation in respect of the acquired land, giving particulars of the land by way of schedule, regarding which the petitioners were seeking apportionment of compensation. The petitioners also filed separate application under Section 31(2) of the Act, alongwith aforesaid application under Section 30 of the Act and prayed therein that the payment of compensation to the private respondents be stayed and the compensation amount be deposited in the Reference Court under Section 31(2) of the Act while making a reference as contemplated under Section 30 of the Act. After hearing both sides and perusing the record, the Land Acquisition Collector, vide order dated 19.4.2005, dismissed the aforesaid applications under Sections 30 and 31(2) of the Act, refusing to make reference to the District Judge, as contemplated under Section 30 of the Act. Aggrieved against this order of the Land Acquisition Collector, the petitioners filed the present petition under Article 227 of the Constitution of India in this Court, seeking the quashment of the aforesaid order dated 19.4.2005 passed by the Land Acquisition Collector and also seeking a direction to the Land Acquisition Collector to make reference under Section 30 read with Section 31 of the Act to the District Judge, Bilaspur. The petition was contested by the respondents by filing a reply.