Mr. Mohd. Tabraiz vs Mrs. Anjili Nag

S. Pal, J.—This application, being CAN 124 of 2013, for adding the Commander-in-Chief, Andaman & Nicobar Command as a party to the proceedings in FAT No. 001 of 2013 and for extension of the interim order passed on 15th July 2013, which was further extended on 26th September, 2013 along with the application being CAN 119 of 2013 for extending the interim order for three months, were taken up for hearing on 21st November, 2013. The short background of the case is that the plot of land in question was acquired by the administration for the Andaman & Nicobar Command under the provisions of in the Land Acquisition Act 1894 (for short "the Act"). The Collector awarded compensation of Rs. 6,21,740/-. There was a reference u/s 18 of the Act. By the judgement and decree dated 04th July 2012 the learned Land Acquisition Judge enhanced the compensation to Rs 2,18,41,360/-.

Aggrieved and dissatisfied with the said judgement and decree dated 04th July 2012, the Collector (LA), Andaman & Nicobar Administration, Port Blair had filed an appeal being FAT 001 of 2013.

It is submitted by Mr. Tabraiz, learned advocate for the appellant, that being the beneficiary of the land acquired, as the Command Authority is a "person interested" u/s 3(b) of the Act, the Commander-in-Chief may be directed to be added as a party respondent for just and necessary adjudication of the proceedings. In support of his submission reliance has been placed on the judgments of the Apex Court in Union of India (UOI) Vs. Sher Singh and Others, and on M/s. Neyvely Lignite Corpn. Ltd. Vs. Special Tahsildar (Land Acquisition), Neyvely and others,

Opposing the application, Mrs. Anjili Nag, learned advocate, submitted though the Command authorities, the requiring body, since 2003 being well aware of the land acquisition proceedings have not come up challenging the sum awarded, applications are not maintainable. In support of her submission she has relied on an unreported judgement delivered on 22 April, 2009 in CO No. 1919 of 2008, Jubaraj Brajendra Kishore Singh v. The State of West Bengal & Others.

Heard learned advocates for the parties. Admittedly the plots of land were acquired for the benefit of the Command authorities. Though there is no dispute that since 2003 land acquisition proceedings are continuing and the army authorities are aware of it as evident from the letters dated 05th November, 2013, 12th November, 2013 and 14th November, 2013 issued by the Collector (Land Acquisition)/SDM, South Andaman calling upon the Command authorities, the beneficiary, to pay the awarded amount, however they have not responded. Now the short question is whether at the instance of the Collector the Commander-in-Chief is to be added as a party to the instant proceedings. Admittedly, the Command is the beneficiary and thus u/s 3(b) of the Act, is a "person interested". However as the army authorities never contested the land acquisition proceedings at any stage, the answer has to be in the negative. This is explicit from the principles of law laid down in the judgement in Union of India v. Sher Singh (supra) where, as evident from facts, land was acquired for National Security Guard being controlled by the Union India. The Union of India was affected by the enhancement of compensation. The Union of India had filed an application in the proceedings u/s 18 of the Act which was rejected. Aggrieved the Union of India filed a revisional application before the High Court which too was rejected. Ultimately following the judgment in Himalaya Tiles and Marble (P) Ltd. Vs. Francis Victor Coutinho (dead) by LR''s., the Apex Court had allowed the appeal as evident from paragraphs 13 and 14 of the judgement in Union of India v. Sher Singh (supra). More or less similar were the facts in Neyvely Lignite Corporation Limited (supra) where the Apex Court had allowed the appeal filed by Neyvely Lignite, the beneficiary, whose application for being impleaded as a party respondent in reference proceedings u/s 18 was turned down.

Therefore, the settled proposition of law that a beneficiary, if aggrieved by the assessment of compensation, has to exercise its right and file an application for adducing evidence for fixation of proper compensation failing which it is to be presumed that it has waived its right to be heard. The said proposition of law finds its echo in Jubaraj Brajendra Kishore Singh (supra) wherein learned single judge had turned down the prayer of the opposite party No. 2 to be added as party in the execution proceedings as the requiring body neither challenged the award made by Collector nor had challenged the sum awarded by Land Acquisition Judge in appeal though the requiring body had the knowledge of the award passed. As in the instant case though the Command authorities being aware of the proceedings have not responded and have waived their right, the application being CAN 124 of 2013 for addition of party by the Collector is without merit and is thus dismissed. So far as the prayer for interim order in CAN 119 of 2013 is concerned as FAT 001 of 2013 is pending let the same appear before the next Circuit Bench. In such facts and circumstances interim order already granted is extended till 19th December, 2013 or until further order whichever is earlier. The application being CAN 119 is disposed of. No order as to costs.

Toufique Uddin, J.

I agree.