Sant Lal And Others vs Lieutenant Governor And Others

These appeals are directed against order dated 10th August, 2019 passed by a learned single Judge in, inter alia, WP 066 of 2019 ( Shri Sant Lal and others vs. The Lieutenant Governor and others ).

Sum and substance of grievance of appellants is that lands, standing in names of writ petitioners and others, were acquired under Land Acquisition Act, 1894, in villages Garacharma and Prothrapur. The lands were acquired by the Administration for purpose of dumping excavated soil, generated due to extension project of Port Blair Airport. Appellants were recorded land holders of lands in village Garacharma.

Case of parties urged before learned single Judge would appear as in below extract from impugned order.

"The learned counsel appearing on behalf of the petitioners submits as follows. The petitioners were the recorded tenants of some land in the village Garacharma. Their land in the same village and the land of some others as well as some other plots of land in the Prothrapur village were acquired by the Administration in the year 1997 purportedly for dumping excess soil due to extension of the airport at Port Blair. They were given compensation, which they received. In 2000 by a notification, the Administration returned the land at village Prothrapur to the tenants and the compensations earlier paid were also taken back. The petitioner made a representation before the respondents claiming a similar status and prayed that their land may also be returned as they were standing on equal footing as the tenants at Prothrapur. The land at Garacharma that was taken in such fashion was actually not utilized for the purpose of dumping soil.

The learned counsel appearing on behalf of the respondents submits as follows. The petitioners have no locus to challenge the decision of the Administration to return back some land to their earlier tenants and to retain some other land on the ground that some such land were no longer required for the purpose for which they were acquired."

Mr.Mandal, learned senior advocate appearing on behalf of the Administration submits upon instructions, lands acquired from appellants were not utilized for the purpose. Extension of runway at the Airport has since been completed. He submits further, possession of acquired lands in village Prothrapur was not taken. There is no provision under the 1894 Act to return acquired lands, though such provision has been introduced under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He submits, the appeals should be dismissed.

It appears, there was award dated 31st March, 1999 made in respect of lands acquired for the purpose. Also disclosed in the writ petition is notification dated 20th November, 2000, in which was stated, inter alia, as follows:

"Whereas the said and located at Prothrapur so specified is not required for the said purpose since the physical possession of the said land was not taken from the tenants.

Now, therefore in exercise of the power conferred under sub-section (1) of section 48 of the Land Acquisition Act, 1894 the Lt.Governor declares that the above said land located at Prothrapur since notified for acquisition for the purpose of dumping of excess soil is not required and is hereby withdrawn from the acquisition with immediate effect.

On admitted position being lands acquired from appellants were not used for dumping excavated soil, Court presumes those lands were not taken possession of on acquisition. The Administration is directed to consider and take a decision regarding whether similar notification is to be issued in favour of appellants. For this purpose they may call appellants for a hearing, only if felt necessary. The Administration will, within four weeks from date of communication of this order, either issue similar notification in favour of appellants or pass reasoned order as to why such cannot be done.

We have dealt with these appeals at the first instance, dispensing with all requirements and formalities as upon consent of parties.

With above directions, these appeals are disposed of.