Chattisgarh High Court
Nmdc Iron And Steel Plant vs State Of Chhattisgarh on 15 December, 2021
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 294 of 2021
National Mineral Development Corporation Limited Through Its
Chairman / Director, Nagarnaar Steel Plant, Nagarnaar , District Bastar
Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh
---- Appellant
Versus
1. Pakhli D/o Somaru And W/o Mangal Sai Aged About 48 Years R/o
Gram Panchayat Amaguda, Block Development And Tahsil
Jagdalpur , District Bastar Chhattisgarh., District : Bastar(Jagdalpur),
Chhattisgarh
2. Peeluram S/o Pankuram Aged About 60 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur , District Bastar
Chhattisgarh.
3. Bhagat Ram S/o Late Mahadev Aged About 36 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur ,
District Bastar Chhattisgarh.
4. Ramlal S/o Sukhdas Aged About 55 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur , District Bastar
Chhattisgarh.
5. Dhanpati S/o Samadhanu Aged About 28 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur ,
District Bastar Chhattisgarh.
6. Raghuram S/o Shri Mangru Aged About 40 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur ,
District Bastar Chhattisgarh.
7. Dhansingh S/o Raghu Aged About 50 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur , District Bastar
Chhattisgarh.
8. Sadhuram S/o Raghu Aged About 48 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur , District Bastar
Chhattisgarh.
9. Balkumar S/o Lakhmuram Aged About 23 Years (Grandson of
Badhu), R/o Gram Panchayat Amaguda, Block Development And
Tahsil Jagdalpur , District Bastar Chhattisgarh.
10. Laxman S/o Khuti Aged About 50 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur , District Bastar
Chhattisgarh.
11. Shyambati W/o Late Piluram Aged About 58 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur,
District Bastar Chhattisgarh.
2
12. Padam Singh S/o Mangru Aged About 48 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur,
District Bastar Chhattisgarh.
13. Pintu S/o Chaitram Aged About 20 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur , District Bastar
Chhattisgarh.
14. Shyamsunder S/o Shamnath Aged About 55 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur ,
District Bastar Chhattisgarh.
15. Panki Bai W/o Lachhuram Aged About 55 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur ,
District Bastar Chhattisgarh.
16. Kamalsai S/o Mannuram Aged About 52 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur , District Bastar
Chhattisgarh.
17. Sundro S/o Murha Aged About 30 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur , District Bastar
Chhattisgarh.
18. State of Chhattisgarh Through The Secretary, Ministry Of Revenue,
Mahanadi Bhawan, Naya Raipur , District Raipur Chhattisgarh,
District Raipur Chhattisgarh.
---- Respondents
For Appellant : Mr. K. Raghavacharyulu with Mrs. Astha
Shukla and Mr. Vaibhav Shukla,
Advocates.
For Respondents No. 1 : Mr. B.P.Sharma with Mr. M.L.Saket, Mr.
to 17 Himanshu Pandey and Mr. Raza Ali,
Advocates.
For Respondent No. : Shri Vikram Sharma, Deputy Government
18 Advocate.
WPC No. 3806 of 2021
NMDC Iron and Steel Plant Through- Its Executive Director Nagarnar,
Tehsil- Jagdalpur, District- Bastar, A Unit Of M/s NMDC Ltd., District :
Bastar(Jagdalpur), Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through- Its Secretary, Department Of
Revenue, Mahanadi, Bhawan, Mantralaya, Nawa Raipur, Atal Nagar,
District- Raipur (C.G.), District : Raipur, Chhattisgarh
2. Chief Conservator of Forest (Survey) And Nodal Officer Department
Of Forest, Aaranaya Bhawan, Nawa Raipur, Atal Nagar, District-
Raipur (C.G.), District : Raipur, Chhattisgarh
3. District Collector District- Bastar (C.G.), District : Bastar(Jagdalpur),
Chhattisgarh
4. Sub Divisional Officer (Revenue) Jagdalpur, District- Bastar (C.G.),
District : Bastar(Jagdalpur), Chhattisgarh
5. Divisional Forest Officer, Bastar Forest Division, Jagdalpur, District
Bastar, Chhattisgarh.
6. Pakhli D/o Somaru and W/o Mangal Sai Aged About 48 Years R/o
Gram Panchayat Amaguda, Block Development And Tahsil
Jagdalpur, District- Bastar (C.G.), District : Bastar(Jagdalpur),
Chhattisgarh
7. Peeluram S/o Pankuram Aged About 60 Years R/o Gram Panchayat
Amaguda, Block Development And Tehsil Jagdalpur, District- Bastar
(C.G.), District : Bastar(Jagdalpur), Chhattisgarh
8. Bhagat Ram S/o Late Mahadev Aged About 36 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
9. Ramlal S/o Sukhdas Aged About 55 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur, District Bastar
(C.G.), District : Bastar(Jagdalpur), Chhattisgarh
10. Dhanpati S/o Samadhanu Aged About 28 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur,
District Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
11. Raghuram S/o Shri Mangru Aged About 40 Years R/o Gram
Panchayat Amaguda Block Development And Tahsil Jagdalpur,
District Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
12. Dhansingh S/o Raghu Aged About 50 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur, District- Bastar
(C.G.), District : Bastar(Jagdalpur), Chhattisgarh
13. Sadhuram S/o Raghu Aged About 48 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur, District- Bastar
(C.G.), District : Bastar(Jagdalpur), Chhattisgarh
14. Balkumar S/o Lakhmuram Aged About 23 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
15. Laxman S/o Khuti Aged About 50 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur, District- Bastar
(C.G.), District : Bastar(Jagdalpur), Chhattisgarh
16. Shyambati W/o Late Piluram Aged About 58 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
17. Padam Singh S/o Mangru Aged About 48 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
18. Pintu S/o Chaitram Aged About 20 Years R/o Gram Panchayat
Amaguda, Block Development And Tahsil Jagdalpur, District- Bastar
(C.G.), District : Bastar(Jagdalpur), Chhattisgarh
19. Shyamsunder S/o Shamnath Aged About 55 Years R/o Gram
Panchayat Amaguda, Block Development And Tahsil Jagdalpur
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
---- Respondents
For Petitioner : Mr. K. Raghavacharyulu with Mrs. Astha
Shukla and Mr. Vaibhav Shukla,
Advocates.
For Respondents No. 1 : Shri Vikram Sharma, Deputy Government
to 5 Advocate.
For Respondent No. 6 : Mr. B.P.Sharma with Mr. M.L.Saket, Mr.
to 19 Himanshu Pandey and Mr. Raza Ali,
Advocates.
WPC No. 3827 of 2021
1. Pakhli D/o Somaru and W/o Mangal Sai Aged About 50 Years R/o
Gram Panchayat Aamaguda, Block Development And Tahsil
Jagdalpur, District- Bastar (C.G.), District : Bastar(Jagdalpur),
Chhattisgarh
2. Peeluram S/o Pankuram Aged About 62 Years R/o Gram Panchayat
Aamaguda, Block Development And Tahsil Jagdalpur, District-
Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
3. Bhagat Ram S/o Late Mahadev Aged About 38 Years R/o Gram
Panchayat Aamaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
4. Ramlal S/o Sukhdas Aged About 57 Years R/o Gram Panchayat
Aamaguda, Block Development And Tahsil Jagdalpur, District-
Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
5. Dhanpati S/o Samadhanu Aged About 30 Years R/o Gram
Panchayat Aamaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
6. Raghuram S/o Shri Mangru Aged About 42 Years R/o Gram
Panchayat Aamaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
7. Dhansingh S/o Raghu Aged About 52 Years R/o Gram Panchayat
Aamaguda, Block Development And Tahsil Jagdalpur, District-
Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
8. Sadhuram S/o Raghu Aged About 50 Years R/o Gram Panchayat
Aamaguda, Block Development And Tahsil Jagdalpur, District-
Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
9. Balkumar S/o Lakhmuram (Grand Son Of Budhu) Aged About 25
Years R/o Gram Panchayat Aamaguda, Block Development And
Tahsil Jagdalpur, District- Bastar (C.G.), District : Bastar(Jagdalpur),
Chhattisgarh
10. Laxman S/o Khuti Aged About 52 Years R/o Gram Panchayat
Aamaguda, Block Development And Tahsil Jagdalpur, District-
Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
11. Piluram S/o Vijay Singh Aged About 62 Years R/o Gram Panchayat
Aamaguda, Block Development And Tahsil Jagdalpur, District-
Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
12. Padam Singh S/o Mangru Aged About 50 Years R/o Gram
Panchayat Aamaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
13. Pintu S/o Chaitram Aged About 22 Years R/o Gram Panchayat
Aamaguda, Block Development And Tahsil Jagdalpur, District-
Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
14. Shyamsunder S/o Shamnath Aged About 57 Years R/o Gram
Panchayat Aamaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
15. Pankibai Wd/o Lachhuram Aged About 57 Years R/o Gram
Panchayat Aamaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
16. Kamal Sai S/o Mannuram Aged About 54 Years R/o Gram
Panchayat Aamaguda, Block Development And Tahsil Jagdalpur,
District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
17. Sundro Murha Aged About 32 Years R/o Gram Panchayat
Aamaguda, Block Development And Tahsil Jagdalpur, District-
Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh
---- Petitioners
Versus
1. State of Chhattisgarh Through- The Secretary, Ministry Of Revenue,
Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.), District :
Raipur, Chhattisgarh
2. National Mineral Development Corporation Limited Chairman-Cum-
Managing Director Nagarnaar Steel Plant, Nagarnaar, District- Bastar
(C.G.), District : Bastar(Jagdalpur), Chhattisgarh
---- Respondents
(Cause Title taken from Case Information System)
For Petitioner : Mr. B.P.Sharma with Mr. M.L.Saket, Mr.
Himanshu Pandey and Mr. Raza Ali,
Advocates.
For Respondents No. 1 : Shri Vikram Sharma, Deputy Government
Advocate.
For Respondent No. 2 : Mr. K. Raghavacharyulu with Mrs. Astha
Shukla and Mr. Vaibhav Shukla,
Advocates.
Hon'ble Mr. Arup Kumar Goswami, Chief Justice
Hon'ble Mr. Sanjay Agrawal, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
15/12/2021
Heard Mr. K.Raghavacharyulu, learned counsel for the
appellant alongwith Mrs. Astha Shukla in WA No. 294/2021, for the
petitioner in WPC No. 3806/2021 and respondent No. 2 in WPC No.
3827/2021. Also heard Mr. B.P.Sharma, learned counsel for the
respondents No. 1 to 17 I.0n WA No. 294/2021, respondents No. 6 to 19
in WPC No. 3806/2021 and for the petitioners in WPC No. 3827/2021, as
well as Mr. Vikram Sharma, learned Deputy Government Advocate for
the respondent No. 18 in WA No. 294/2021, respondents No. 1 to 5 in
WPC No. 3806/2021 and respondent No. 1 in WPC No. 3827/2021.
2. WA No. 294/2021 is accompanied by an application being
IA No. 1 of 2021 for condonation of delay of 1201 days in preferring the
appeal against the order dated 12.04.2018 passed in WPC
No. 1039/2018.
3. It is stated in the application that the appellant became aware of
the order dated 12.04.2018 passed by this Court in WPC No. 1039/2018,
on 13.11.2020, when a letter was forwarded by the Sub Divisional Officer
(Revenue) asking the appellant to make payment of compensation to the
tune of Rs. 1.29 Crores. It is further stated that immediately, thereafter,
no steps could be taken because of the Covid-19 pandemic and
subsequently, this appeal came to be preferred on 07.09.2021.
4. Mr. B.P.Sharma and Mr. Vikram Sharma, learned counsel
appearing for the respondents do not oppose the application.
5. On due consideration, delay in preferring the appeal is
condoned. IA No. 1 of 2021 stands disposed of.
6. WPC No. 3806/2021 and WPC No. 3827/2021 are the off-
shoots of the order passed by the learned Single Judge on 12.04.2018 in
WPC No. 1039/2018, out of which WA No. 294/2021 arises.
7. In WPC No. 1039/2018, the petitioners had contended that a
representation dated 19.03.2018 was filed before the Collector,
Jagdalpur, District Bastar for grant of compensation of the land acquired
from them. Taking note of the grievance expressed, by the order
impugned in the appeal, the writ petition was disposed of directing the
Collector, Jagdalpur, District Bastar, to consider and decide the said
representation dated 19.03.2018 expeditiously and preferably within a
period of four weeks from the date of receipt of certified copy of the
order, after hearing the petitioners. Liberty was also granted to the
petitioners to make additional representations, if any, before the
concerned authority.
8. In WPC No. 1039/2018, the National Mineral Development
Corporation (NMDC) was arrayed as respondent No. 2. Admittedly, no
notice was issued to the respondent No. 2 before disposal of the writ
petition and thus, the appellant was also not heard.
9. Pursuant to the directions contained in the order dated
12.04.2018 passed in WPC No. 1039/2018, the petitioners therein were
heard and the District Collector, Jagdalpur, passed an order dated
23.02.2021 directing the appellants in WA No. 294/2021 to pay an
amount of Rs. 1.29 Crores towards compensation. Subsequently,
another order dated 26.07.2021 was passed by the Collector directing
the appellant in WA No. 294/2021 to give rehabilitation benefits to the
claimants.
10. Challenging the aforesaid orders dated 23.02.2021 and
26.07.2021, WPC No. 3806/2021 came to be filed by the appellant in
WA No. 294/2021. It is pleaded that the appellant in WA No. 294/2021
(writ petitioner in WPC No. 3806/2021) was not heard by the Collector,
though it was entitled to be heard before any order was passed.
11. WPC No. 3827/2021 came to be instituted by the claimants
seeking a writ of mandamus directing the appellant in WA No. 294/2021
(writ petitioner in WPC No. 3806/2021) to deposit the amount fixed by
the Collector within a time-frame, as may be considered appropriate by
this Court.
12. Mr. K.Raghavacharyulu, learned counsel submits that the
learned Single Judge committed an error of law in disposing of the writ
petition without notice to the appellant (respondent No. 2 in WPC No.
1039/2018) and therefore, the order dated 12.04.2018 passed by the
learned Single Judge is liable to be set aside on the ground of violation
of principles of natural justice. He submits that pursuant to the directions
given by the learned Single Judge, the Collector had passed the orders
dated 23.02.2021 and 26.07.2021 which came to be assailed in WPC
No. 3806/2021. It is contended by him that in view of the provisions
contained in the Land Acquisition Act, 1894 ( for short, the Act of 1894 )
and more particularly, in view of Section 3(aa), 3(b) and Section 50 of
the Act of 1894, the appellant for which the land is sought to be acquired,
is a 'person interested' and therefore, is entitled to be heard before the
compensation amount is fixed by the Collector. He places reliance on a
decision of the Hon'ble Supreme Court in Delhi Development Authority v.
Bhola Nath Sharma (Dead) by LRs & Others, reported in (2011) 2 SCC
54.
13. Mr. B.P.Sharma, learned counsel for the respondents No. 1
to 17 in WA No. 294/2021, respondents No. 6 to 19 in WPC No. 3806 of
2021 and for the petitioners in WPC No. 3827 of 2021, very fairly
submits that in the attending facts and circumstances, it will be
appropriate for this Court to remand the entire matter to the Collector,
Jagdalpur, District Bastar, to decide the issue of grant of compensation
in presence of the appellant in WA No. 294/2021 as well as in presence
of the petitioners in WPC No. 3827 of 2021. He further submits that this
Court may fix a time-frame as may be considered appropriate.
14. In Bhola Nath Sharma (supra), the question that had fallen for
consideration was as to whether the Delhi Development Authority, at
whose instance the land was acquired and who was asked for payment
of compensation, can be treated as a 'person interested' within the
meaning of Section 3(b) of the Act of 1894 and as to whether it was
entitled to an opportunity to participate in the proceedings held before
the Land Acquisition Collector and the Reference Court for determination
of the compensation.
15. The Hon'ble Supreme Court, at paragraph 42, observed as
follows:
"42. In view of the above discussion, we hold that :
(i) the DDA falls within the definition of the expressions
"local authority" [Section 3(aa)] and "person interested"
[Section 3(b)] of the Act;
(ii) the DDA was entitled to participate in the
proceedings held before the Land Acquisition Collector;
(iii) the failure of the Land Acquisition Collector to issue
notice to the DDA and give an opportunity to it to
adduce evidence for the purpose of determining the
amount of compensation payable to the land owners
was fatal to the award passed by him;
(iv) the DDA was entitled to notice and opportunity to
adduce evidence before the Reference Court could
enhance market value of the acquired land entitling the
respondents to claim higher compensation and, as no
notice or opportunity was given to the DDA by the
Reference Court, the judgments rendered by it are
liable to be treated as nullity;
(v) the Division Bench of the High Court also committed
serious error by further enhancing the amount of
compensation payable to the contesting respondents
without requiring them to implead the DDA as party
respondent so as to enable it to contest their prayer for
grant of higher compensation."
16. A perusal of the above goes to show that the appellant in WA
No. 294/2021 is entitled to participate in the proceedings held before the
Land Acquisition Collector. It is an admitted position that the appellant in
WA No. 294 of 2021 had not been heard by the Collector before passing
the impugned orders, which are assailed in WPC No. 3806/2021.
17. In that view of the matter, the orders dated 23.02.2021 and
26.07.2021 passed by the Collector, Jagdalpur, District Bastar cannot be
sustained in law and therefore, the same are set aside and quashed.
Accordingly, WPC No. 3806/2021 is allowed.
18. In view of the setting aside of the aforesaid orders dated
23.02.2021 and 26.07.2021, the order dated 12.04.2018 assailed in WA
No. 294/2021 loses all its significance and therefore, no separate orders
are called for with regard to the same. WA No. 294/2021 stands
disposed of accordingly.
19. In view of the above determinations, necessarily, WPC
No. 3827/2021 is to be dismissed as prayer was made for
implementation of the orders passed by the Collector, which are set
aside in WPC No. 3806/2021. Ordered accordingly.
20. The learned counsel for the parties, at this juncture, submit that
the parties and/or their duly authorised representatives will appear
before the Collector, Bastar, Jagdalpur on 11.01.2022.
21. In view of the above submission, the parties to the proceedings
and/or their authorised representatives will appear before the Collector,
Jagdalpur, District Bastar on 11.01.2022. The Collector is directed to
conclude the proceedings within a period of four months from
11.01.2022.
22. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Sanjay Agrawal)
CHIEF JUSTICE JUDGE
Amit
