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2005 DIGILAW 466 (JHR)

Rajmata Gyani Maharani v. State Of Bihar

2005-06-27

N.N.TIWARI

body2005
ORDER N.N. Tiwari, J. 1. In this writ application, the petitioners have prayed for a direction to the respondents to correctly prepare their Compensation Assessment Roll and to pay ad interim compensation in accordance with the provisions of Bihar Land Reforms Act and Rules framed thereunder. 2. The petitioners main grievance is that in spite of several orders of this Court in different legal proceedings, the compensation in respect of the mines and minerals which were given in leases by them, has not been determined and ad interim compensation has not been paid to them. The further grievance is that the amount of compensation mentioned in the order dated 9.11.1997 passed by the Additional Compensation Officer, Dhanbad as contained in Annexure-5 is arbitrary and wholly without any basis. In Annexure-II of the said Annexure-5, total income of mines and minerals has been shown as Rs. 61,156.97 P and the amount of compensation payable as Rs. 2,44,631.88P or Rs. 3,00,000/-, said to have been assessed on the basis of the verification report of the District Mines Officer, Dhanbad. The petitioners on the other hand, filed an application dated 20.6.1988 (Annexure-10 of the writ application) giving description of the leases of mines and minerals made in favour of different persons, by virtue of registered deeds. In the list as many as 54 lease deeds have been mentioned. In the said Annexure- 2, it has been shown that the said leases were taken into consideration in coming assessing the amount of compensation regarding the mines and minerals. The Deputy Commissioner, Dhanbad, who was earlier directed by this Court to dispose of the claim of the petitioners, in accordance with law, has passed a cryptic order dated 2.11.2004 which has been sought to be assailed by the petitioners by filing an application for amendment which was allowed and incorporated by order dated 16.12.2004. 3. From going through Annexure-14, it appears that the Deputy Commissioner instead of addressing itself to the real issue has perfunctorily disposed of the petitioners claim by a summary order observing that the matter has already been finally disposed of earlier by the High Court or by the Supreme Court and the petitioners want to reopen the same by paraphrasing the language. Neither the real issue has been identified nor the claim made in the representation was decided. Neither the real issue has been identified nor the claim made in the representation was decided. The petitioners main grievance is that the compensation in respect of mines and minerals of the Ex-Nawagarh Raj Estate has not been assessed in accordance with law. Except Annexure-5 there is no order regarding the compensation of the mines and minerals covered by the leases executed by the ex- landlord, while Annexure-5 does not speak about the basis of fixation of Rs. 61.156.97P which has been shown the net income from mines and minerals. 4. Learned counsel for the petitioners submitted that compensation in respect of the mines and minerals covered by the leased granted by the ex-landlord petitioners has not been legally determined till date. The same could not be controverted by the respondents by any material on record. 5. Section 25 of the Bihar Land Reforms Act, 1950 (hereinafter referred to as the "said Act") provides for computation of compensation payable for mines and minerals. It would be convenient to look into in the said provision, which runs thus :- 25. Computation of Compensation payable for mines and minerals.-(1) The Compensation Officer shall prepare in the prescribed form and in the prescribed manner a Compensation Assessment Roll containing in respect of every (intermediary) in receipt of royalties on account of mines and minerals or directly working mines comprised in the estate or tenure- (a) his gross income and net income from such royalties; (b) his gross income from mines worked directly by him and the amount deemed to be his net income from royalties in respect of such mines; (c) the amount of compensation payable to him under the provisions of this Act for mines and minerals; and (d) such other particulars as may be prescribed. 6. Neither the impugned order passed by the Deputy Commissioner contained in Annexure-14 nor the earlier calculation-sheet contained in Annexure-5, go to satisfy the mandatory requirements of Section 25 of the said Act, provided for computing and determining compensation payable for mines and minerals. The order of the Deputy Commissioner, as contained in Annexure-14, does not speak about anything regarding the consideration of the lease deeds or the assessment of income from royalties payable/paid to the ex-landlord at the relevant time out of the said leases which was the essential condition/requirement for preparing the Compensation Assessment Roll. 7. The order of the Deputy Commissioner, as contained in Annexure-14, does not speak about anything regarding the consideration of the lease deeds or the assessment of income from royalties payable/paid to the ex-landlord at the relevant time out of the said leases which was the essential condition/requirement for preparing the Compensation Assessment Roll. 7. The respondents failed to produce any materials or any order to satisfy this Court regarding the computation and determination of the compensation payable to the petitioners in respect of the mines and minerals, in accordance with the provisions of Section 25 and Rule 25-E(2) framed under the provisions of the said Act. The impugned order as contained in Annexure-14 being non- speaking, being based on no material or evidence and not in accordance with law is non est, as also the Annexure-5 showing arbitrary computation without disclosing any basis is also wholly, perverse, non-speaking and a nullity in law. 8. The petitioners being the ex-landlords or their descendants are entitled to get compensation in accordance with law and their said valuable statutory right cannot be denied in such arbitrary and perfunctory manner. The impugned order Annexure-5 and Annexure-14 being violative of law and that of Articles 14 and 21 of the Constitution of India are not sustainable and are hereby quashed. 9. The matter is remitted to the Compensation Officer, respondent No. 6. He is directed to examine the matter afresh and to prepare, in prescribed manner, a Compensation Assessment Roll, after making necessary inquiry and after hearing the parties and giving due consideration to the leases of the mines and minerals already claimed by the petitioners. 10. All the exercise must be completed within a period of three months from the date of receipt/production of a copy of this order. 11. The Compensation Officer shall pass appropriate order regarding the payment of ad interim compensation in terms of Section 33 of the said Act in terras of the fresh Assessment Roll. The respondents shall also furnish the detail to the petitioners regarding the alleged payment of claim by way of earlier deductions out of the amount of compensation awarded to the petitioners. This writ application is accordingly allowed with the said directions. No order as to costs.