Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
CASE NO.:
Appeal (civil) 5120 of 2001
PETITIONER:
THE PROJECT OFFICER,
Vs.
RESPONDENT:
VS.
DATE OF JUDGMENT: 07/08/2001
BENCH:
S. Rajendra Babu & Doraiswamy Raju
JUDGMENT:
J U D G M E N T
RAJENDRA BABU, J. :
Leave granted.
In respect of certain lands acquired for the purpose of Singareni
Colleries Company Limited, a Government company, the Land Acquisition
Officer fixed the market value at Rs. 4,000/- per acre for dry land and Rs.
6,000/- per acre for wet land. The aggrieved claimants obtained a reference
to civil court for enhancement of compensation which was granted by fixing
the rate at Rs. 40,000/- per acre. On coming to know of the judgment made
by the civil court enhancing the compensation, the appellants filed a writ
petition in the High Court seeking for quashing of the order and decree made
in the reference principally on the ground that they were not made parties to
the proceedings. The appellants also filed another writ petition seeking stay
of the operation of the order and decree of the civil court. In the latter
petition while directing issue of notice to the claimants the learned single
Judge of the High Court granted interim stay of the operation of the order
made by the civil court. In the mean while, the Land Acquisition Officer
preferred an appeal against the order of the civil court in which an
application was also filed seeking interim stay. The Division Bench of the
High Court in the appeal preferred by the Land Acquisition Officer directed
issuance of notice to the respondents with an order of stay of the execution
of the decree on the condition that the appellants in the said appeal, namely,
the Land Acquisition Officer, was to deposit a sum of Rs. 20,000/- per acre
and proportionate statutory benefits within ten weeks from that date and in
the event of the appellants failing to deposit, the order would stand vacated.
The learned single Judge of the High Court, however, did not find any reason
to vacate the interim stay granted by him earlier in the writ proceedings
initiated by the appellants. On a representation being made on behalf of the
claimants that the writ petition be heard along with the said appeal, the two
matters were directed to be clubbed together. The respondents preferred a
writ appeal against the order made by the learned single Judge granting the
interim stay of the order made by the civil court. The said writ appeal was
dismissed on July 18, 2000 by the Division Bench of the High Court on
merit. Thereafter, on November 18, 2000, another Division Bench made
another order directing the appellants to deposit the compensation as
directed in the appeal filed against the order of the civil court within two
months from the date of the order failing which the interim stay granted in
the earlier writ petition would stand vacated. It is against this order that
this appeal is preferred by special leave.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
The basic question raised in the writ petition filed by the appellants is
that the order made by the civil court enhancing the compensation and the
proceedings thereto are not binding on them inasmuch as they were not
parties to the proceedings in the reference court. When that question is yet
to be adjudicated, it would be in fitness of things that an interim order been
granted by the High Court and, particularly when the claimants appeal
against the order made by the learned single Judge in the writ petition
having stood dismissed by another Division Bench, it was not appropriate for
the High Court to have passed an order as impugned herein. The appropriate
course was to hear the writ petition as well as the appeal filed by the Land
Acquisition Officer together and dispose of the matters. Ultimately, the
burden will be upon the appellants to pay the compensation. Therefore,
until their writ petition is decided, no effective order could have been made
in respect of payment of compensation arising under the proceedings.
In that view of the matter, we set aside the order made in the Writ
Miscellaneous Petition No. 207 of 2000 in Writ Petition No. 19287 of 1999
and restore the case to its file to be considered along with the connected
appeals that have been filed by the Land Acquisition Officer or by the
claimants, if any. If any other writ or other proceedings is pending, the same
shall also be clubbed with the same to be heard and disposed of by an
appropriate Division Bench of the High Court.
The appeal is allowed accordingly. No costs.
..J.
[ S. RAJENDRA BABU ]
J.
[ DORAISWAMY RAJU ]
AUGUST 07, 2001.