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2017 DIGILAW 450 (AP)

Bamidipati Subba Rao v. Land Acquisition Officer cum - Revenue Divisional Officer, Jangareddygudem

2017-07-26

CHALLA KODANDA RAM

body2017
ORDER : 1. The petitioner seeks a mandamus to the respondent Land Acquisition Officer cum - Revenue Divisional Officer, Jangareddygudem to refer the land acquisition case with respect to the Award dated 22.05.2006 to the appropriate civil Court under Section 18 of the Land Acquisition Act, 1894 (for short, the Act). 2. The case of the petitioner is that though he made a request in the prescribed form i.e. Form IV on 22.05.2006, followed by the representation dated 04.06.2006 seeking reference of the matter to the civil Court for enhancement of the compensation under Section 18 of the Act, the same has not been considered. 3. The facts are not in dispute. The notification under Section 4(1) of the Act was issued on 13.03.2006 seeking to acquire the land in an extent of Acs.8.89 cents in R.S.No. 236/2B in LND Peta Village, Polavaram Mandal, West Godavari District belonging to the petitioner for the purpose of providing house sites to the tribes, followed by the declaration under Section 6 of the Act on 06.04.2006. Necessary formalities, as required under the 1894 Act, were complied with. Thereafter, the petitioner expressed his consent to receive the compensation at Rs.90,000/- per acre totalling to Rs.8,00,100/- and accordingly, a consent Award was passed on 22.05.2006. On the very same day, the petitioner has protested the Award by filing his objections. On 04.06.2006, he made a representation requesting to pay the compensation at Rs.90,000/- per acre, besides the compensation for the value of trees, bore wells and other permanent structures. In that view of the matter, the petitioner sought reference under Section 18 of the Act for determination of the value of structures and trees. Since there is no response from the respondent, the petitioner approached this Court. 4. Learned counsel for the petitioner Sri C.C.S. Sastry submits that the very consent given by the petitioner under Resolution written in Telugu itself discloses that the petitioner had accepted to receive compensation for the lands acquired at Rs.90,000/- per acre, exclusive of the value of bore wells and permanent structures. In the very consent form, the petitioner stated that the value with respect to bore wells and permanent structure may be paid as may be determined by the departmental officials, but contrary to the consent, under the guise of consent Award in Part-IV, payment of compensation for trees and buildings was refused. In the very consent form, the petitioner stated that the value with respect to bore wells and permanent structure may be paid as may be determined by the departmental officials, but contrary to the consent, under the guise of consent Award in Part-IV, payment of compensation for trees and buildings was refused. Inasmuch as the alleged Award was not in conformity with the consent given by the petitioner, his case ought to have been referred to the civil Court for the purpose of determination of the value of bore wells and buildings. In the alternative, the learned counsel submits that since there is no dispute that the consent Award has not included the value of structures and bore wells, a supplementary award may be directed to be passed. 5. Learned Government Pleader for Land Acquisition opposes the Writ Petition and submits that it is well-settled that as against the consent Award, no Application under Section 18 of the Act is maintainable and no direction can be issued directing the Land Acquisition Officer to refer the matter to the civil Court. The learned Government Pleader further submits that from Form-IV, it can be seen that the petitioner had agreed to receive compensation for trees, structures and bore wells, valued at Rs.3,00,000/- by the Land Acquisition Officer, hence, there is no need to pay him the value of trees, bore wells and structures separately. The learned Government Pleader also submits that inasmuch as the Land Acquisition Act, 1894 is repealed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), at this point of time, there is no provision to refer the matter to the civil Court and also making a supplementary Award. 6. Perused the record. From a careful scrutiny of the consent Resolution, which has been recorded in Telugu, it is evident that the petitioner had categorically stated therein that he is agreeable to take the value of the land at the consolidated figure of Rs.90,000/- per acre and further sought payment of compensation for the value of bore wells and permanent structures to be determined by the departmental officials. Further, Form-IV affidavit also discloses that the petitioner is agreeable to receive compensation for trees, structures valued at Rs.3,00,000/-. The very Form-IV affidavit dated 22.05.2006 also further discloses that the petitioner had acceded to receive a total sum of Rs. Further, Form-IV affidavit also discloses that the petitioner is agreeable to receive compensation for trees, structures valued at Rs.3,00,000/-. The very Form-IV affidavit dated 22.05.2006 also further discloses that the petitioner had acceded to receive a total sum of Rs. 11,00,100/- being the total compensation payable towards his share as a package duly arrived at through settlement by negotiation committee. The petitioner also claimed 24% interest per annum from the date of taking possession of the land till the date of payment. Whereas, the Award dated 22.05.2006 discloses only payment of Rs.8,00,100/- which works out to Rs.90,000/- per acre for the acquired land of Acs.8.89 cents. In other words, it is clear from the very documents placed before this Court that notwithstanding the categorical claim made by the petitioner and consent obtained from him to pay compensation separately for bore wells, trees and structures, the said amount was not included in the Award proceedings. Hence, this Court finds that no useful purpose would be served by making a reference to the civil Court under Section 18 of the Act, for, there is no initial determination itself by the Land Acquisition Officer, though the amount that is payable has been agreed to and specified in Form-IV. In that view of the matter, there being no dispute that the petitioner was paid only Rs.8,00,100/-, this Court is of the opinion that there is yet a balance of Rs.3,00,000/- that is required to be paid towards compensation for the value of trees and structures. 7. As regards the contention of the learned Government Pleader that on account of repeal of Act 1 of 1894, no reference can be made or no supplementary Award can be passed, cannot be accepted for the reason that Section 114 of the Act 30 of 2013 gives protection in the circumstances of the present nature. Section 114 reads as under : 114. Repeal and Saving:- (1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed. (2) Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals. 8. Repeal and Saving:- (1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed. (2) Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals. 8. By virtue of Section 114 of the 2013 Act and by application of Section 6 of the General Clauses Act, the rights of the petitioner gets protected and accordingly, there is no impediment for making a supplementary Award. 9. In those circumstances, there shall be a direction to the respondent Land Acquisition Officer to pass a supplementary Award for a sum of Rs.3,00,000/- with other consequential benefits. It is also made clear that the petitioner shall be entitled to be paid on the amount of Rs.3,00,000/- the additional market value payable under Section 23(1-A) of the 1894 Act and interest at 9% for the first year and 15% till the payment is made, in terms of Section 28 of the 1894 Act. Inasmuch as this is the Writ Petition of the year 2006, the entire exercise of making the supplementary Award shall be completed within 12 weeks from the date of receipt of a copy of this order. 10. The Writ Petition is accordingly disposed of. No costs. 11. Consequently, the miscellaneous Applications, if any shall stand closed.