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Land Dispute Resolved: Court Upholds BOR Decision, Emphasizes Legal Precedents and Rejects Petitioner’s Claims Under Article 227

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Title: Amar Chand S/o Moolchand and ORS. Vs State of Rajasthan and ORS.

Citation: S.B. Civil Writ Petition No. 9798/2016

Coram: HON’BLE MR. JUSTICE SAMEER JAIN

Decided on: 29/03/2023.

Introduction:

The current petition, filed under Article 227 of the Constitution of India, challenges the order dated 29.06.2016, issued by the Board of Revenue (BOR) Ajmer in Revision/6763/2011. This order favored the respondents in their revision petition. The case revolves around Mutation Entry No. 192 dated 20.04.2002, issued by the Gram Panchayat in Sandeda, Tehsil Peeplu, District Tonk

Facts:

The current legal matter involves a dispute over a piece of land measuring 29 Bigas 11 Biswa, claimed by both the petitioners and respondents. The petitioners argue that the land belonged to their ancestors, presenting evidence to support their claim. The legal proceedings include an appeal before the Sub Divisional Officer (SDO), Piplu, Tonk, which was initially allowed, leading to a remittance of the case to the Tehsildar for fresh consideration. Subsequent appeals and revisions followed, with the Board of Revenue ultimately reversing the earlier decisions in favor of the respondents. The petitioners assert that the Board of Revenue’s decision was based on incomplete consideration, highlighting applications they filed indicating the revision’s ineffectiveness due to the successful challenge of the Tehsildar’s order. They also point out the death of some non-applicants, leading to the abatement of the revision.

In response, the respondents argue that the Civil Court’s decision in Suit No. 60/2003 validated their status as legal successors and upheld the validity of mutation entries. They contend that the orders challenged in the revision become irrelevant in light of the Civil Court’s findings. The respondents emphasize the sub judice nature of the matter before the Board of Revenue, downplaying the significance of the Tehsildar’s order and the mutation entry for legal rights.

The court, in considering the case under Article 227 of the Constitution of India, emphasizes the limited scope of interference and the need for sparing use of this jurisdiction. The judgment underscores that such powers are not meant to convert the High Court into an appellate authority but to ensure the subordinate courts adhere to the law. The court refers to precedents, including the principle that orders below are presumed justified if passed after due consideration of facts and materials on record.

Judgement analysis:

In this judgment analysis, the court addresses a dispute over a piece of land by considering the facts and legal arguments presented. The court notes that the Civil Suit No. 60/2003 for declaration was decided against the petitioners by the Trial Court, with specific issues related to the legal successor of the deceased Veerumal and the validity of mutation entries. The Board of Revenue (BOR) took this into account and concluded that once the Trial Court had decided these issues, the matter before the BOR was adjudicated. The court rejects the petitioner’s argument that the Tehsildar’s denovo investigation and fresh order should be considered. It cites legal precedents, emphasizing that mutation entries do not determine land title and are fiscal in nature. The court agrees with the BOR’s reliance on the Civil Court’s decision in Suit No. 60/2003, which addressed title and succession issues concerning Veerumal, and dismisses the significance of any subsequent order by the Tehsildar.

The judgment underscores that the BOR’s decision was well-reasoned, in accordance with legal principles, and did not violate natural justice. The court supports the BOR’s conclusion and finds no grounds for interference under Article 227 of the Constitution of India. Consequently, the writ petition is dismissed as devoid of merits, and any pending applications are disposed of.

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Written By: Gauri Joshi

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The Compensation Rate Has To Be Evaluated Fairly Considering The Nature Of The Land, If Land Is Taken Under NHAI Act: High Court Of Allahabad

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Title: Chandra Kishori v Union Of India

Citation: Appeal Under Section 37 Of Arbitration And Conciliation Act 1996 No. – 55 And 56 Of 2022

Coram: Hon’ble Jaspreet Singh,J.

Decided On: 16.10.2023

Introduction:

Here both the appeals involve a common question of law and fact, hence both the appeals have been heard together and are being decided by this common judgment. For the sake of convenience, the Court referred to the facts as they emerge from Appeal No. 55 of 2022, however, the relevant facts relating to the other appeal was also considered at the appropriate place.

Facts:

The appellant, of the two appeals, are the land owners, whose land was acquired under the National Highway Authority of India Act, 1956 under Sections 3 A & 3 D of the NHAI Act, 1956. The land of appellants of both the appeals were made the subject matter of notification issued under Section 3-A of the NHAI Act, 1956 dated 28.05.2012 and notification under Section 3-D was made on 15.3.2013 for widening of Lucknow-Sultanpur Highway from km. 35.670 to 64.100. The competent authority passed its award in terms of Section 3-G of the NHAI Act, 1956 and awarded a sum of Rs. 6,98,923 to Chandra Kishori vide award dated 11.7.2016 and a sum of Rs. 6,18,051/- to Om Prakash vide award dated 31.07.2015.

Being aggrieved both Chandra Kishori and Om Prakash escalated the matter by invoking the provisions of Section 3-G (5) and (6) and referred the matter for arbitration. The Arbitrator in terms of his award dated 19.9.2019 passed in Case No. 1689 of 2017 relating to Chandra Kishori and in Case No. 1690 of 2017 relating to Om Prakash did not find favour with the contentions of the appellant, of the two appeals, for enhancement of compensation and consequently, rejected their claim.

The award passed was further challenged by filing a petition under Section 34 of the Arbitration & Conciliation Act, 1996 before the District Judge, Barabanki. Both the petitions under Section 34 of the Act of 1996 relating to both the appellant in the respective appeals, was rejected by the Additional District Judge.

The counsel for appellants in the two appeals has primarily raised two points for consideration. It is submitted that in the case of both the appellants the land in question had already been declared as non-agricultural in terms of Section 143 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, however, the competent authority had given the compensation treating it to be agricultural land. It is urged that once the land was declared as non-agricultural, the appellants were entitled to get compensation on the rates as applicable to non-agricultural land.

learned counsel appearing for National Highway Authority of India through video conferencing has submitted that mere change in the land use from agricultural to non-agricultural is not going to confer any benefit to the appellants inasmuch as on the date of acquisition the nature of the land as it stood on the revenue records, has to be seen. It is further submitted that even though the appellants may have got the land declared for non-agricultural purposes yet there was no material on record to suggest that any non-agricultural activities were being done.

Court’s Analysis and Judgement:

In the present case the court decided that the Arbitrator committed an error in failing to consider this aspect of the matter relating to the nature and status of land on the date of notification including ignoring the order passed by the SDM under Section 143 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, and it was the duty of the Arbitrator to have noticed the provisions and the manner in which the compensation is to be computed so that the land which has been taken away of the appellants, and they are directed to be appropriately compensated as per the provisions of law.

It was further found out that the Additional District Judge while considering the petition under Section 34 of the Arbitration & Conciliation Act, 1996 also erred in holding that it does not have the power to interfere with the award which requires re-calculation as it is apparent that the Additional District Judge did not apply the settled legal principles applicable and defining the realm of jurisdiction, the Court exercises, while adjudicating a petition under Section 34 of the Act of 1996.

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Written by: Sushant Kumar Sharma

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