Orissa High Court
CMP/708/2020 on 11 January, 2021
C.M.P. No.708 of 2020
02. 11.01.2021 Due to outbreak of COVID-19, this matter is taken
up through Video Conferencing.
Heard Mr. S.S. Kanungo, learned Additional
Government Advocate for the petitioner-Executive
Engineer, P.W.D. (R&B), P.WD Division Office, Boudh.
The petitioner in this CMP assails the order dated
18.03.2019 (Annexure-7) passed by learned Civil Judge
(Senior Division), Athamallik in C.S. No.5 of 2017.
Mr. Kanungo, learned Additional Government
Advocate for the petitioner-State submits that the land in
question has been acquired for construction of High Level
Bridge Over River Mahanadi on Athmallik-Dhalpur road
and its approach road on Athmallik side. During
pendency of the land acquisition proceeding, the opposite
party no.1 filed C.S. No.5 of 2017 with following prayer:
"i. For a judgment and decree declaring that
(a) the defendant number 1 to 19 did not acquire
any right, title and interest over the suit land.
(b) The hal ROR as prepared by the settlement
authority may kindly be declared as null and void.
(c) the committee may kindly now declared as
marfatdar of the suit khatiyan.
(d) The defendant number 20 may kindly be
directed not to disburse the compensation amount out
of the acquired land out of the suit land till disposal of
the suit.
ii. All cost of the Suit.
iii. Such other relief of reliefs as law and equity
would allow the plaintiff. "
Along with the plaint, the plaintiff-opposite party
no.1 also filed an application under Order 39 Rules 1 and
2 C.P.C. to pass an order of injunction against the
present petitioner thereby directing him not to disburse
the compensation amount as sanctioned for acquisition
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of Ac.1.16 decimals of land out of the suit property till
disposal of the suit. The said application was dismissed
vide order dated 13.09.2017 (Annexure-5). Subsequently,
a meeting was convened on 25.01.2018 in presence of the
Sub-Collector, Athmallik, the Tahasildar, Athmallik, the
opposite party no.1 and the present petitioner as well as
the recorded tenants of the suit property in which it was
unanimously resolved to move an application before
learned Civil Judge in C.S. No.5 of 2017 for a direction to
deposit the entire awarded amount in an interest bearing
account so that after finalization of the case, the D.Hr.
shall receive the compensation amount along with
accrued interest. Accordingly, the present petitioner filed
an application under Section 151 C.P.C. seeking for a
direction to deposit the compensation amount as
approved by the Collector, Angul before learned Civil
Judge (Senior Division), Athmallik so that it can be
deposited in an interest bearing account. The said
application was dismissed vide order dated 18.03.2019
(Annexure-7). Hence, this CMP has been filed.
Heard Mr. Kanungo, learned Additional Government
Advocate and perused the materials available on record.
Section 63 of the Right To Fair Compensation And
Transparency In Land Acquisition, Rehabilitation And
Resettlement Act, 2013 (for short 'the Act') reads as follows:
"63. Jurisdiction of civil courts barred.-
No civil court (other than High Court under
article 226 or article 227 of the Constitution or the
Supreme Court) shall have jurisdiction to entertain
any dispute relating to land acquisition in respect of
which the Collector or the Authority is empowered by
or under this Act, and no injunction shall be granted
by any court in respect of any such matter."
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Section 77 of the Act provides as under:
"77. Payment of compensation or deposit
of same in Authority.-
(1) On making an award under section 30, the
Collector shall tender payment of the compensation
awarded by him to the persons interested entitled
thereto according to the award and shall pay it to
them by depositing the amount in their bank
accounts unless prevented by someone or more of
the contingencies mentioned in sub-section (2).
(2) If the person entitled to compensation shall not
consent to receive it, or if there be no person
competent to alienate the land, or if there be any
dispute as to the title to receive the compensation or
as to the apportionment of it, the Collector shall
deposit the amount of the compensation in the
Authority to which a reference under section 64
would be submitted:
Provided that any person admitted to be
interested may receive such payment under protest
as to the sufficiency of the amount: Provided further
that no person who has received the amount
otherwise than under protest shall be entitled to
make any application under sub-section (1) of section
Provided also that nothing herein contained
shall affect the liability of any person, who may
receive the whole or any part of any compensation
awarded under this Act, to pay the same to the
person lawfully entitled thereto."
The term 'Authority' has been defined under Section
3(f) of the Act, which reads as under:
"Authorityǁ means the Land Acquisition and
Rehabilitation and Resettlement Authority
established under section 51."
On a conspectus of the provisions as stated above,
it appears that if for any reason mentioned in sub-
section 2 of Section 77 of the Act, the awarded amount
cannot be released in favour of the person interested
entitled thereto, and the same shall be deposited before
the Authority under the Act. Learned Civil Judge being
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not the authority under the Act, no direction can be
made for deposit of the compensation amount before the
said court as prayed for. It is, however, open to the
petitioner to adhere the provisions of Section 77 of the
Act for deposit of the awarded amount before the
Authority, if it makes out a case under that provision.
With the aforesaid observation, this CMP is
disposed of.
................................
K.R. MOHAPATRA,J.
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