Allowed

Rohtash v. State of Haryana and Ors.

Punjab & Haryana HC6 Jan 2011CWP/5758/2009

Case brief

AI extract

What is this about?

The petitioner challenged an assessment of compensation for land acquisition for a watercourse. The Court held that minimum-floor-rate instructions issued under the Land Acquisition Act, 1894 do not automatically apply to assessments under Section 21 of the Haryana Canal and Drainage Act, 1974, set aside the impugned order, and remitted the matter for reassessment.

What did the court decide?

The impugned order dated 18-05-2007 was set aside and the matter was remitted to the Divisional Canal Officer, Sirsa, to reassess compensation within three months.

Rohtash Vs State of Haryana… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2011)

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77 1 0 1 1 0 CWP Noe5758of2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP N05758 of2009 Date ofdecisionl06Ol2011

Rohtash

Petitioner

Versus

The State ofHaryanathrough^the Collector Sirsa Tehsil and District Sirsa and others

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CORAM HONBLE MR JUSTICE RAJIVE BHALLA

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Present MrAshok Verma Advocate for the petitioner

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Mshruti Jain AAG Haryanafor nol to 3 MrSeKJain Advocate for no4^and 5 4t8888

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RAJIVE BHALLA J

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The petitionerprays for issuanceof a writ 111 the nature of certiorari for modiflcation ofthe order dated 18052007 passedby thc Divisional Canal Officer SirsaWater ServicesDivision Sirsa

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Counsel for thepetitionersubmitsthatafter a longdrawn out Iitigationthat culminated in the dismissal of a wnt petitionflled by Ladhu Ram noA the petitionerwas sanctioned^a watercourse that traverses the land of noA on paymentof The petitionerfiled an applicationdated 27062006 before the Divisional Canal 0 fficer for assessment of

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The Divisional Canal Officer initiated undcr Section 2 l of

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JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and^as integrity of this document

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Anita2014.03.10 15: 23the HaryanaCanal and DrainageAct 1974 hereinaftcr rcfened lo^as True Scanned Copy Of The Original PHHC,Chandigarh

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theAct for acquisitionofland^{and for determination} The producedas evidenceof themarketvalue the Collector rates of Nehri Chahi Barani and Gair Mumkin land of villageKharia Tehsil Rania District Sirsa for the years 200405 20050 and 2006 07 The Patwari Halqasubmitted^a reportdated 14082006 stating thatmarketvalue of Barani landⁱⁿ villageKharia^is Rs1000001 per 1 acre The petitioneralso producedthe statement of the averagesale 0 price^{ofdifferent kindsoflandforthe lastOve yearsfrom200102to} 0 I 200506 showingthe^average priceof Barani^Iand of villageKharia^as 0 I RsA595280 The Canal Patwari deposedthat should be Z paidc Rs53393501 per^acre The Divisional Canal Officer however brushed aside this C I evidenceand awarded awarded cRs000001 lacs per per^acre and r assessedthe total amountthe total amount amount payableby^the petitionerasas RsA2266250 Z 1 Rs31 5001^as the priceofof acquiredlandland and Rsl16250 as 00 charges^{onthebasis of} memo 7 Z dated0604200706042007 issued by the Financial by the Financial the Financial Commissioner and Principal Principal

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The Divisional Canal Officer however brushed aside this evidenceand awarded awarded cRs000001 lacs per per^acre and assessedthe total amountthe total amount amount payableby^the petitionerasas RsA2266250 1 Rs31 5001^as the priceofof acquiredlandland and Rsl16250 as charges^{onthebasis of} memo dated0604200706042007 issued by the Financial by the Financial the Financial Commissioner and Principal Principal Government of HaryanaRevenucand Disaster Management

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informing^{the Land} Acquisition^{CollectorSirsathat the} Governmentof Haryanahas flxed lTllnlmum floor rates for acquisition ofland the State of Haryanaexcludingcertaln areas as RsS000001oer acre It is arguedthatthe^memo issuedbythe Stateof

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Haryan a pplies^to under the Land AcquisitionAct and JOYTI RANI 2016.03.28 10:53 Anita2014.03.10 15: 23True Scanned Copy Of The Originalnotto under the Act Section 21 ofthe Act providesthat I attest to the accuracy andintegrity of this document PHHC,Chandigarh

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N05758 of2009

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shall be assessedin accordancewith principlesset out under Section 23 of the Land AcquisitionAct 1894 but does not provide^{that the} provisionsof the Land AcquisitionAct or^{111StTUCtiOllS} issuedthereunder with respectto floor rates applyto^assessment of under the Act In theabsenceof any statutoryprovision 111the Act providingthat provisionsof^{the Land} AcquisitionAcl shall be read into Section 21 of lhe Act or that instructionsissued under lhc Land AcquisitionAct shall applyto or be read into Section 21 of the Act the Divisional Canal Offlcer had^no jurisdictionto relyupon the memo issued by the Financial Commissioner with respect to acquisitionunder the Land AcquisitionAct It is furthersubmilotedthat as no has himself an^area of 58 kanalsand 15 marlas includingthe land soughtto be acquiredc Rs1000001 per acre on 1522006 the impugnedorder granting c RsS000001 per acre is illegaland void andshould be^set aside

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Counsel for the Stateof Haryanaand the private however submit that instructions issued by the Hnancial Commissionerregardingfixation of Ooor rates for acquisitionof land for publicpurpose in the Stateof Haryanaapplyto all Government including^thecanal The assessment of c Rs000001 lacs per^acre based upon^111StrUctl OIlS dated 06042007 is therefore legaland valid lt is arguedthat^as Section 21 of the Act providesthat shall be assesscd¹¹¹

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JOYTI RANI^ons 2016.03.28 10:53 I attest to the accuracy and integrity of this document

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Act lnstructl^ons Anita accordancewith Section 23 of the Land Acquisition 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarh 1

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issued with respectto rates of by^{the State} of Haryana shall be applicablewhile under Section 21 of theAct

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1haveheardcounselfor thepartiesand perusedthe order The Divisional Canal Officer has assessed c RsS000001 per acre by placing^{relianceuponinstructions daled} 06042007 issued by the Financial Commissioner and Principal Government of Haryana^Revenue and Disaster Management under the Land AcquisitionAct setting^outthatthe lTllllUllUm Ooor^rate for acquiringland the StateofHaryana certain^areas shallbe RsS000001 per^acre

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The question^that requires considcration is whether lllstructlOns issuedunder the Land AcquisitionAct 1894 settingouta lTllnlmum rate for paymentof apply^to for assessment underSection 21 ofthe Act

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The scope and ambit of the HaryanaCanal DrainageAct^and the Land AcquisitionAct are entirelydifferenl as theyoperatelll different spheresthe former to regulatecanalsand the latter to acquire land for a publicpurpose Section21 of the Act enables^a Divisional Canal Officer to acquireIandfor excavatinga watercourse Section21 649requiresthe Divisional Canal Officer to^assess to be paidby^{alandowner for} a watercourse lihroughthe land of

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anotherlandowner Section 2149ofthe Act reads^as followsl

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21 Notice ofAcquisitionof Land2

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JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document

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Anita 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarh

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41 to be fixedby the Divisional Canal cer On the principlesset out under Section23 of the Land AcquisitionAct 1894 shall bepayablebytheshareholdersin proportionto the culturablecommanded^area under the schemeheld by^eachone ofthemto^theowner or occupierof any landfor^such acquisitionand onfailureofpayment the^amount shall be recoverble as arrears of land 33 revenue

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Sub Section 49 of Section²¹ of the Act provides^that

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payable^{undertheCanalAcl} shall be assessed^lIl accordancewith principles^{setoutunderSection23} of^theLand Act Section 2149of the Act does not whether by speciflcreferenceor bynecessaryintentprovidethat provisionsof^the Land AcquisitionAct or instructionsissuedthereundershaIIapplyto or be read into the provisionsof^{the Canal} Act The use of^the word orinciple 111 Section 21 of the Canal Act clearly^indicates legislativeintent to applythe principlesalone of Section 23 of the Land AcquisitionAct and not the provisionsof the Land Acquisition Act In the absenceof any other provisionin the Canal Act providing that the Land AcquisitionAct or instructlons issued by the Financial Commissioner for the purpose of under the Land AcquisitionAct shall applyto^or shall be readinto Section 21 of

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the Canal Act it would follow^{thattheinstructionsissued} JOYTI RANI2016.03.28 10:53 I attest to the accuracy and integrity of this document

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Anita 2014.03.10 15: 23 True Scanned Copy Of The Original PHHC,Chandigarhunderthe Land AcquisitionAct do not applyto the

under

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Section 2149ofthe Act To^{holdotherwise wouldin} essence require the entire Land AcquisitionAct to be read into Section 21 of Act Section 21649of^the Act as referred to hereinbove merelyrequlres that principlesenunciatedin Section 23 of the Land AcquisitionAct shall form the basisfor The DivisionaI Canal Offlcer therefore had no jurisdictionto assess compensationon the basisof instructionsissued by the Financial Commissionersettingout floor rates for acquisitionof^{land underthe Land} AcquisitionAct The impugnedorder based upon^an erroneous of^Section21 ofthe Act and^an incorrect applicationof i^{lnstructionsissuedunder the} Land AcquisitionAct must be set aside

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In view of what has beenstatedhereinabove the wnt petltlon is allowed the impugnedorder is set asideand the matter is remittedto the Divisional Canal Offlcer Sirsa Water ServicesDivision Sirsa to reassess payableto the private within a periodofthree^{monthsfromthe} receiptofa certied copy ofthis order Parties are directed^to appearbefore tte the Divisional Canal Offlcer^Sirsa Water^Services Division^Sirsaon 2102201 1

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06Ol2011 shamsher

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r
Anita
2014.03.10 15: 23True Scanned Copy Of The OriginalV
PHHC,Chandigarh
1

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JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document

Rohtash v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Rohtash v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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