KAMALDEO NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) CERTAIN lands were sought to be acquired by the State Government in the yerar 1974. Finally, the land acquisition proceeding was initiated in the year 1981 -82 and the award was prepared on 26.3.2008 with respect to Land Acquisition Case No. 79 of 1981 -82. The petitioner received the compensation amount on 29.4.2008 under protest. Since the matter remained pending for a long time, the petitioner approached this Court vide CWJC No. 14185 of 2004. By the order dated 25.4.2006 passed in the aforesaid writ application, this Court granted two months time to the State of Bihar to pay the entire compensation amount alongwith solatium and interest at the statutory rate. Predictably, the order of this Court was not complied with and, therefore, the petitioner filed contempt application being MJC No, 2032 of 2006. In the contempt application, this Court imposed a cost of Rs. 10,000/ - to the respondents and further directed as follows: - "So far as award of compensation and payment to the petitioner with regard to 6.93 acres of land is concerned, the petitioner will be at liberty to dispute the fixation of the value of the land and quantum of solatium, interest etc. in accordance with law before an appropriate forum."

(2.) THE order in the contempt application is dated 12.11.2008. The award was prepared on 26.3.2008 and the petitioner received the compensation amount on 29.4.2008 under protest and filed an objection on 5.5.2008 within the statutory period as provided under Section 18 of the Bihar Land Acquisition Act (hereinafter referred to as 'the Act '). This objection application was sent by registered post to the Collector, the receipt is part of the record of this writ application. I may point out that the payment of the compensation amount and the objection was filed during the pendency of the contempt application. On final disposal of the contempt application, the petitioner filed a fresh application objecting to the amount fixed on behalf of the State Government as liberty had been granted by this Court to file such an application. However, despite the fact that the petitioner also filed a protest with respect to the fixation of the amount on 5.5.2008 and despite the fact that this Court had granted liberty to file an objection for fixation of the compensation amount, the Collector has filed counter affidavit taking an objection that the application under Section 18 of the Act is not maintainable on the ground that it is beyond the statutory period. Section 18 of the Act provides that "any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measure of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested should be made within a period of six weeks". Admittedly, the petitioner had made his objection within the period of six weeks on 5.5.2008 and again by the liberty of this Court on 13.12.2008 after obtaining the order passed in the contempt application, despite which the Collector has taken an objection which according to this Court is unacceptable. In my view, the Collector ought to have entertained both the applications and referred the matter to the Land Acquisition Judge, Khagaria for adjudication with respect to the fixation of the compensation amount in accordance with the value of the lands.

(3.) APART from what has been stated aforesaid, learned Counsel has also drawn this Court 's attention to Annexures -4 and 5 of the writ application. Annexure -4 is dated 14.8.2006 and is signed by the Circle Officer, Circle Inspector and Halka Karamchari of Parbatta Circle which indicates the nature of the land against the plots mentioned therein. The petitioner does not dispute that the petitioner 'sland appertaining to plot nos. 658 to 687 described as basgit land situated in Mouza Temthakarari by the said authorities mentioned above. This classification is the basis on which documents are registered in the State of Bihar with respect to sale or any other matter. Similarly, Annexure -5 is the value of the lands situated in different mouzas. Again, the lands appertaining to Temthakarari have been shown to be at the value of Rs. 9,500/ - per decimal. This chart is also utilized by the State Government for the purposes of fixing the registration fee for transfer of lands in the areas concerned.