Ranchi Gaushala Society v. State of Bihar — 1991 DIGILAW 308 (PAT)

JUDGMENT S. B. Sinha, J.-In this application the petitioner has prayed for• issuance of a writ of certiorari for quashing the award dated 18.9.1986 prepared by the Deputy Commissioner, Ranchi in L. A. Case No. 11 of 1983-84 HV purported to be under Section 11 (1) (b) (ii) of the Urban Land (Ceiling & Regulation) Act, 1976. 2. The fact of the matter lies in a very narrow compass. 3. The possession of the lands in question were allegedly delivered to M/s Heavy Engineering Corporation Ltd., a Government company within the meaning of Section 617 of the Indian Companies Act, 1956 by the State of Bihar. The petitioner, thereafter, instituted a suit for declaration of its title which was registered as Title Suit No. 231 of 1967. In the said suit, a decree was passed declaring that the petitioner has occupancy right in respect of the land in question. The said decree has been up-held upto this Court. 4. Special Leave Petition filed by M/s Heavy Engineering Corporation Ltd. being S.L.P. Case No. 7317 of 1981 was dismissed by an order dated 5.8.1982 and thereafter a fresh requisition was made by M/s Heavy Engineering Corporation Ltd. to acquire the lands in question pursuant whereof a notification under section 4 read with Section 74 (4) of the Land Acquisition Act was issued and it was notified that the land is required for public purposes. 5. On 23.2.1984, M/s Heavy Engineering Corporation was allegedly given possession of the said lands. 6. In view of the points involved in this case, it is not necessary to consider the other facts. In terms of the impugned order, the Deputy Commissioner, Ranchi (respondent no. 2) has held that the petitioner is entitled to compensation computed in terms of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. 7. In this case; a counter affidavit has been filed on behalf of the respondents. In the said counter affidavit, it was contended that in view of the fact that the petitioner succeeded in the aforementioned Title Suit No. 231 of 1967, it must be held to be in legal possession in the year 1976 when Urban Land (Ceiling and Regulation) Act, 1976 came into force. In the said counter affidavit, it was further stated that in that view of the matter, the respondent no. In the said counter affidavit, it was further stated that in that view of the matter, the respondent no. 2 has committed no illegality whatsoever in computing compensation under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 as the same was permissible in terms of Land Acquisition (Bihar Amendment) Act, 1978. 8. In this case, it is not disputed that no proceeding under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 was instituted as against the petitioner. Determination of compensation under the provisions of Section 11 of the said Act is possible only when a declaration is made under Section 10 thereof. 9. Admittedly, the lands h question were sought to be required under the provisions of. Land Acquisition Act. 1894 and thus, it was obligatory on the part of the State to pay compensation to the petitioner in terms of the provisions of the said Act unless by reason of the provisions of any other Statute, the amount of compensation can be computed under the said law. 10. As indicated hereinbefore, admittedly according to the respondents, such a power existed in the State of Bihar only in terms of the Land Acquisition (Bihar Amendment) Act, 1978 (Bihar Act no. 2 of 1980). 11. Sub-sections 3 and 4 of Section 23 of the said Act upon which reliance has been placed On behalf of the respondents, read as follows ;- "3. Notwithstanding anything contained in sub-sections (1) and (2) where land is the subject matter of a proceeding under the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961 (Bihar Act XII of 1962) the amount in lieu of compensation shall be determined in accordance with the provisions of the said Act. 4. There the land is subsequently released from the proceeding under the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961 (Bihar Act XII of 1962) the compensation payable will be determined in accordance with the sub-sections (1) and (2): Provided that from the amount so determined such sum shall be deducted as may have been paid under section 24 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (Bihar Act XII of 1962)" . 12. 12. From a perusal of the aforementioned provisions, it would thus appear that the same has no application in the facts and circumstances of this case in view of the fact that the lands in question were not the subject matter of any proceedings under the provisions of Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961. 13. The petitioner in its rejoinder filed to the counter affidavit categorically stated that it is exempted from the purview of the provisions of the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961. 14. Mr. Eqbal, the learned Government Pleader No. I appearing on behalf of the State, when questioned conceded that the provisions of the Land Acquisition (Bihar Amendment) Act, 1978 cannot be said to have any application in the facts and circumstances of this case. 15. Mr. A. K. Sinha, the learned counsel appearing on behalf of M/s Heavy Engineering Corporation Ltd. also, when questioned, could not satisfy me as to how the provisions of the aforementioned Bihar Act 2 of 1980 would be applicable in the facts and circumstances of this case. 16. In the result, this application is allowed and the impugned order as contained in Annexure 7 to the writ application is quashed. However, in the facts and circumstances of this case, there will be no order as to costs.