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2019 DIGILAW 346 (GAU)

Sunita Agarwal v. State of Assam

2019-03-14

UJJAL BHUYAN

body2019
JUDGMENT : Ujjal Bhuyan, J. 1. Heard Mr. P.K. Roy, learned counsel for the petitioner; Mr. P.S. Deka, learned Standing Counsel, Revenue Department for respondent Nos. 1 and 2; Mr. N. Goswami, learned Govt. Advocate, Assam for respondent No. 3; and Mr. K.K. Dey, learned counsel for respondent No. 4. 2. Subject matter of the two writ petitions being identical, those were heard together and are being disposed of by this common order. Challenge made in both the writ petitions is to the legality and correctness of the order dated 31.03.2011 passed by the Principal Secretary to the Govt. of Assam, Revenue and Disaster Management Department rejecting the representation of the petitioner for quashing of proceedings in Land Ceiling Case Nos. 15/1973 and 44/1973 and for waiver of payment of arrear land revenue. 3. Land Ceiling Case No. 15/1973 pertains to Chargola Tea Estate which is relatable to WP(C) No. 5078/2011 and Land Ceiling Case No. 44/1973 was in respect of Singlacherra Tea Estate relatable to WP(C) No. 5077/2011. Relevant portion of the order dated 31.03.2011 is extracted hereunder:- "Order No. RRT/7/2010/223 Dated 31.3.2011 Read:-The Petition along with supporting documents submitted vide by Shri Mukesh Agarwal on behalf of Smt. Sunita Agarwala wife of Late Ravindra Kumar Agarwala a resident of Kalimpong of Darjeeling District, West Bengal and at present the proprietor of Chargola Tea Estate and Singlacherra Tea Estate both under Karimganj District. The Petitioner submitted prayer for consideration of the following:- 1. Quashing of the orders passed by the State Government in Land Ceiling Case Nos. LC 15/73 and LC 44/73 for acquisition of lands belonging to the Chargola TE and Singlacherra TE respectively on the ground that notices were not received by the petitioner's husband. 2. For cancellation of any documents created by the State Government in the exercise of the above acquisition. 3. For waiver by the Government the arrear of Land Revenue amounting to Rs. 33,08,408.90 to be paid by the Petitioner. Also read:-The views of the Director of Land Requisition, Acquisition and Reforms, Assam in connection with the above Petition. 2. For cancellation of any documents created by the State Government in the exercise of the above acquisition. 3. For waiver by the Government the arrear of Land Revenue amounting to Rs. 33,08,408.90 to be paid by the Petitioner. Also read:-The views of the Director of Land Requisition, Acquisition and Reforms, Assam in connection with the above Petition. It is seen that as per orders of the Collector, Karimganj dated 8.1.1976, recorded in the Order Sheet of Ceiling Case No. 44/73, a Copy of the Draft Statement prepared in Form A-1 in respect of Singlacherra Tea Estate was served on the Director of Singlacherra Tea Estate on 6.12.1975 through DC Cachar and service report obtained thereof. Since no objection was filed by the Tea Garden authorities against the details of excess lands of the Tea Garden shown in the Draft Statement in Form A-1, the Draft Statement was made Final on that day itself i.e. 8.1.1976. Again as per orders of the Collector dated 9.4.1976 it is seen that a copy of the Final Statement under Form A-1 was served on the Garden authorities on 8.4.1976. Likewise, as per orders of the Collector, Karimganj dated 18.10.1974 and 27.11.1974 recorded in the Order Sheet of Ceiling Case No. 15/73, the Draft Statement in Form A-1 prepared in respect of Chargola Tea Estate was served upon the Manager of the TE on 25.2.1974 and Service Report obtained thereof. Since no objection had been filed by the Garden authorities against the details of excess lands shown in the Draft Statement at Form A-1 the Draft Statement was made final on the same date i.e. 26.11.1974. Again as per the orders of the Collector dated 4.6.1974 it is noted that a copy of the Final Statement was served on the Manager of the Chargola TE. From the above facts it is evident that Draft Statements and Final Statements in Form A-1 were duly served on the Tea Garden authorities of Singlacherra TE and Chargola TE and service report obtained thereof. Therefore, the proceedings recorded in connection with Land Ceiling Case Nos. LC 15/73 and LC 44/73 and documents created in the exercise of the acquisition of the Ceiling Surplus lands of the two tea gardens under the Assam Fixation of Ceiling on Land Holdings Act, 1956 (as amended), are found perfectly in order. Therefore, the proceedings recorded in connection with Land Ceiling Case Nos. LC 15/73 and LC 44/73 and documents created in the exercise of the acquisition of the Ceiling Surplus lands of the two tea gardens under the Assam Fixation of Ceiling on Land Holdings Act, 1956 (as amended), are found perfectly in order. Therefore, the prayer of the Petitioner for quashing of the orders passed by the State Government in Land Ceiling Case Nos. LC 15/73 and LC 44/73 for acquisition of lands belonging to the Chargoila TE and Singlacherra TE respectively and for cancellation of any documents created by the State Government in the exercise of the above acquisition, does not hold ground and is accordingly dismissed." 4. Shorn of details, facts of the two cases may be briefly noted. Petitioner's husband Ravindra Kumar Agarwal was the Managing Director of Singlacherra Tea Company Private Limited and Chargola Tea Company Private Limited which were the owners of the two Tea Estates named after the two companies. As a matter of fact, petitioner's husband held 97% of the shares in both the companies while the petitioner was also one of the Directors. On 18.09.1996 Chargola Tea Estate and Singlacherra Tea Estate were leased out to one Sri Ghanashyam Agarwal by two separate lease deeds. On 09.02.1980, petitioner's husband expired. On his death, being his legal heir, petitioner became the beneficiary in the two Tea Estates. In the meanwhile, Ministry of Commerce, Civil Supplies and Cooperation (Department of Commerce), Government of India issued an order dated 07.12.1978 authorising Tea Trading Corporation of India (TTCI) Ltd. To take over management of the Chargola Tea Estate subject to terms and conditions mentioned therein. This order was passed under Section 16(D) of the Tea Act, 1953. Such authorisation was extended from time to time. 5. In between there were certain litigations relating to the two Tea Estates before the Calcutta High Court resulting in appointment of receivers. It is contended that the action of the receivers led to major mismanagement in the two Tea Estates. Civil Suits were filed by the petitioner before the Court of Munsiff No. 1, Karimganj being Title Suit Nos. 170 of 1990 and 236 of 1991, which were decreed on 05.01.2010 declaring that the two Tea Estates belong to the petitioner. 6. It is contended that the action of the receivers led to major mismanagement in the two Tea Estates. Civil Suits were filed by the petitioner before the Court of Munsiff No. 1, Karimganj being Title Suit Nos. 170 of 1990 and 236 of 1991, which were decreed on 05.01.2010 declaring that the two Tea Estates belong to the petitioner. 6. At this stage it may be mentioned that in the year 1973, Government of Assam through the Collector, Karimganj had initiated two separate land ceiling proceedings in LC Case No. 15/1973 and LC Case No. 44/1973 under the Assam Fixation of Ceiling on Land Holdings Act, 1956 for declaring some areas of the two estates as excess land. It is alleged that Collector of Karimganj without issuing notice to petitioner's husband or to herself made a defective draft statement declaring 8985 Bighas 3 Kathas 10 Chetaks and 1427 Bighas 4 Kathas 1 Chetak of land in the two Tea Estates as excess land, which draft statement was subsequently made final. Petitioner submitted a representation dated 18.02.2008 for setting aside the two land ceiling proceedings and related issues. Petitioner also submitted supplementary representations to waive of the arrears of land revenue in respect of the two Estates. By letter dated 18.05.2010, Joint Secretary to the Government of Assam, Revenue (Reforms) and Disaster Management Department requested the Deputy Commissioner, Karimganj to examine the whole matter and thereafter to submit a detailed report including the position relating to realisation of arrear of land revenue. 7. Deputy Commissioner, Karimganj submitted a detailed status report on 18.09.2010. Thereafter the impugned order was passed on 31.03.2011. Sri Debeswar Malakar, Deputy Commissioner, Karimganj filed affidavit on 11.12.2012 stating that the draft statement and final statement in LC Case Nos. 15 and 44 of 1973 were prepared by following the provisions laid down under the Assam Fixation of Ceiling on Land Holdings Act, 1956 and after observing all formalities. An affidavit has also been filed by respondent No. 4 contesting the claim of the petitioner. Relevant portion of the status report submitted by the Deputy Commissioner, Karimganj dated 18.09.2010 is extracted hereunder. "After perusal of L.C. Case records viz. 15/73 & 44/73, it is found that no copy of notification declaring ceiling surplus under Sec. 8 of Assam Fixation of Ceiling on Land Holdings Act, 1956 was ever served upon the owner of the Garden; i.e. Rabindra Kr. "After perusal of L.C. Case records viz. 15/73 & 44/73, it is found that no copy of notification declaring ceiling surplus under Sec. 8 of Assam Fixation of Ceiling on Land Holdings Act, 1956 was ever served upon the owner of the Garden; i.e. Rabindra Kr. Agarwal, who had been managing the two T.E's under the name and style of Chargola Tea Co. Pvt. Ltd. and Singlacherra Tea Co. Private Limited. By 03.05.1976, the Sec. 8, 9 & 10 of the aforesaid Act were deleted by an enactment vide Assam Act. No. XVIII of 1076. On 07.12.1078, by a Gazette Notification by Ministry of Commerce & Civil Supplies & Cooperation took over the possession and management of the two T.E.'s by Tea Trading Company of India Limited (a Govt. of India undertaking.) After 1984, both the T.E.'s went on to the hands of the Receiver appointed by Hon'ble Calcutta High Court. On 22.02.2010, the T.E.'s released and handed over to Smti. Sunita Agarwal wife of late Rabindra Kr. Agarwal (original owner) The case records of both the L.C. Cases reveal that no compensation have ever been paid, as alleged, in respect of these two cases." It appears that the whole process since constitution/initiation of the L.C. Cases and confirmation were done during the transitional period of litigation before the Hon'ble Calcutta High Court and Ld. Civil Court, Karimganj thereby depriving the Original Owner of the two T.E.'s to file any objection, as per Sec. 1 Sub Clause 2(a) of Assam Fixation of Ceiling on Land Holdings Act, 1956, which provides, this Act shall not apply to lands held and utilized for special cultivation of Tea & purposes ancillary thereto. It transpires further, that without paying any compensation, the Govt. started allotting Ceiling Surplus land, unilaterally. It is further pointed out that Sec. 10 of Assam Fixation of Ceiling on Land Holdings Act, 1956 was not observed by not having served upon any copy of notification to the persons concerned. It is found from the record, accumulated Arrear Land Revenue 34,56,367.24 (Rupees thirty four lakh fifty six thousand three hundred sixty seven and paisa twenty four) only due for the period from 1374 B.S. to 1416 B.S. and current demand Rs. 1,69,011.70 (Rupees one lakh sixty nine thousand eleven and paisa seventy) only for 1417 B.S. Now, in view of the above, it can be recommended that Govt. 1,69,011.70 (Rupees one lakh sixty nine thousand eleven and paisa seventy) only for 1417 B.S. Now, in view of the above, it can be recommended that Govt. may allow the petitioner's prayer as prayed for or to make an arrangement for giving proper relief to the petitioner/original owner as per Court's verdict as mentioned above." 8. Thus, from the above, it is seen that Deputy Commissioner had recommended to the Government to accede to the prayers made by the petitioner. It was also pointed out that notice of land ceiling cases were not served upon the concerned persons. Land which were declared to be excess were unilaterally taken over by the Government and allotted as ceiling surplus land without paying compensation. A careful examination of the impugned order dated 31.03.2011 would reveal that the status report of the Deputy Commissioner, Karimganj was not at all considered. Without considering such report which was at the first instance called for by the Government itself, it was not justified to have rejected the claim of the petitioner. Status report of the Deputy Commissioner was a relevant material which was required to be considered by the Government. But the impugned order dated 31.03.2011 was passed without taking into consideration such relevant material which clearly vitiated the same. 9. Before parting with the record, it may be relevant to point out that the Assam Fixation of Ceiling on Land Holdings Act 1956 (1956 Act) was enacted to impose limits on the amount of land that may be held by a person. However, Section 2 of the 1956 Act deals with exceptions. As per Section 2(2)(a) lands held and utilized for special cultivation of tea and purposes ancillary thereto are exempted from the 1956 Act. In fact, this Section makes it very clear that the provisions of the 1956 Act, shall not apply amongst others to lands held and utilized for special cultivation of tea and purposes ancillary thereto. Section 8 as it stood prior to its deletion provided that the State Government should acquire excess lands by publishing in the official gazette a notification to the effect that such lands were required for a public purpose; such publication of notification was to be treated as conclusive evidence of the notice on acquisition to the person or persons holding such land. 10. 10. Status report of the Deputy Commissioner, Karimganj indicates that such procedure as prescribed under the 1956 Act were not followed. In such circumstances, impugned order dated 31.03.2011 cannot be sustained both in law as well as on facts. Accordingly, impugned order dated 31.03.2011 is set aside. Matter is remanded back to the Principal Secretary, Revenue and Disaster Management Department, Govt. of Assam to re-consider the prayer of the petitioner and thereafter to pass fresh order in accordance with law. Such decision shall be taken within a period of 4 (four) months from the date of receipt of a certified copy of this order. Needless to say, if on reconsideration petitioner is found entitled to the relief’s claimed, consequential benefits shall be extended to the petitioner. 11. Both the writ petitions are accordingly disposed of.