Introduction:-

Under the Punjab Land Revenue Act, 1887, the hierarchy of officers has been created. No officer can diligently perform his duties unless and until he knows the power vested to him and the procedure which has to be followed by him in discharging the duties assigned to him under the Act. In India, there was various princely estates prior to independence, which were governed by the kings, Nawabs and other rulers. There was no uniformity in the procedure, which was followed by the officers appointed by such States. What to say of uniformity of procedure, there was no written procedure, which a common man could come to know for redressal of his grievances. After the advent of Britishers in India, they started formulating the Acts, rules and regulations besides the procedure to be followed by the officers, so appointed in all the Acts. The purpose of prescription of the procedure was that both the parties may know as to what procedure has to be followed by them in a particular case. In all the areas, which came under the governance of Britishers, the same procedure was made applicable. Uniformity of procedure was adhered to in all the Acts. The principles of natural justice is the foundation of such procedures. Fair opportunity was granted to both the parties to present their case and submit their arguments.

The provisions for procedure has been made in all the enactments which have been passed from time to time till date. Without prescribing the procedure, the act can be compared with a marriage procession party without a bridegroom. Thus, you will find that in each and every enactment, procedures and rules have been made therein. The Punjab Land Revenue Act (herein after referred to as “Act”) is not an exception in this regard.

Persons entitled to appear:-

The persons who are authorized to appear before a revenue officer, has been prescribed under section 18 of the Act. As per the said sections, the following persons can cause their appearance before a revenue officer for applications and acts done before him.

a) By the parties themselves; or

b) By their recognized agents or a legal practitioner.

A proviso has been added in this section, which prescribes that a employment of a recognized agent or legal practitioner shall not excuse the personal attendance of the parties to any proceedings in any case, in which personal attendance is specially required by an order of the officer.

Revenue Officer:-

Revenue officer has been defined in section 3(12) of the Act as under:-

“Revenue officer in any provision of this Act, means a revenue officer, having authority under this Act to discharge the functions of a revenue officer under that provisions.”

Thus, the mere appointment of a revenue officer is not a essential ingredient for a revenue officer to Act. The revenue officer must be having the authority under this Act to discharge the functions of a revenue officer under the particular provisions.

Legal Practitioner:-

The use of word legal practitioner has been made in section 18(b) of the Act. Legal practitioner has been defined in section 3(13) of the Act as under:-

“Legal practitioner means any legal practitioner within the meaning of the legal practitioners act 1879(XVIII) except a Mukhtar.”

After the passing of the Advocates Act, 1961, now the work of legal practitioner has been taken over by the Advocates who obtain a license to practice law under the provisions of Advocates Act. The concept of legal practitioner stands repealed. Nowadays, there is no legal practitioner which will be found working in any court of law.

Thus, the appearance can be made by the parties or the power of attorneys (Recognized agents) or an Advocate before the Revenue officer.

Powers to make rules:-

Without conferring the powers as to make the rules for procedure, no rule can be passed or formulated by any officer. Under section 17 of the Act, the State Govt. has been entrusted with the Powers to make rules, consistent with the Act for regulating the procedure of revenue officer under this Act in cases, in which a procedure is not prescribed by this Act. Thus, State Govt. is the only competent authority to make rules. However, the said rules of procedure have to be consistent with the Act for regulating the procedure of the revenue officer.

Nature of the Rules:-

Under section 17(2) of the Act, the nature of the rules have been prescribed by the legislature, which covers the following aspects:-

(a) For the mode of enforcing orders of ejectment from and delivery of possession of criminal property and rules providing for those matters;

(b) All are any of the powers in regard to contempts, resistance and the like, which a civil court may exercise in execution of a decree, whereby it has adjudged ejectment from or delivery of possession of such property.

(c) Under section17(3) of the Act, a revenue officer may refer any case, which he is empower to dispose of under this Act to another revenue officer for investigation and report and may decide the case upon the report subject to the rules made under this section.

Thus, powers have been given to the revenue officer to entrust the case to any other revenue officer or to make an investigation at the spot and report the matter to the revenue officer, by whom the case has been sent.

Powers of revenue officers to summon persons:-

It is, within the powers of revenue officer to summon any person whose attendance he considers necessary for the purpose of any business before him as a revenue officer (Section 19(1)). Thus, the power of summoning any person vest with the revenue officer only when he considers necessary for the purpose of any business before him, whose attendance he considers necessary. Thus, reasons have to be assigned by the revenue officer, as to why he is summoning a particular person for attending the proceedings.

Rights of the persons so summoned:-

According to section 19(2), a person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows by his recognize agent or legal practitioner. The right has been given to the person who has been summoned for appearance before a revenue officer that he can appear either himself or through his recognized agent or legal practitioner by virtue of section 18 of the Act.

Statement of the person so summoned

When the person who has been summoned to attend the proceedings before the revenue officer shall be bound to state the truth upon any matter respecting which he has been examined or make statements and to produce such documents and other things relating to any such matter as the revenue officer to record the statement of the person on oath. In case, the person so summoned to make a statement does not speak truth, then appropriate proceedings can be initiated against him for making a false statement before the said revenue officer. Otherwise also it is the bounden duty of all persons who appear in legal proceedings to speak the truth and truth only, though, the people don’t speak truth when the come to the court.

Mode of service of summons:-

Section 20 of the Act prescribes various mode of service of summons. The mode prescribed under this section is akin to the procedure prescribed under order 5 of the Code of Civil Procedure. It may not be an exaggeration if we say that the powers of the revenue officer to serve the summons on the persons have the basis in the Code of Civil Procedure.

(a) Summons can be served personally on the person to whom it is addressed or his recognized agent or an adult male member of his family usually residing with him (Section 20(1)) of the Act.

(b) If the service cannot be made or if the acceptance of the summons is refused, the summons may be served by posting a copy thereof as the usual or last known place of residence of the person to whom it is addressed or if that person does not reside in the district in which the revenue officer employed and in case to which the summons relates has reference to the land in that district, then, by posting a copy of the summons on some conspicuous place or near the estate, where the land is situate (20(2) of the Act.

(c) In case the summons relate to a case, where the person having the same interest are so numerous that person service of all of them is not reasonable practicable, it may, if the revenue officer so directs, be served by delivery of a copy to such of those person, as the revenue officer nominate in this behalf and by proclamation of the contents thereof for the information of other person interested (20(3) of the Act. Such persons receive the summons in a representative capacity and are bound to inform the concerned persons.

(d) The summons may be served on the direction of the revenue officer, on the person named therein either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under part(3) of the Indian Post Office Act, 1866. Thus, summons can be sent to a person through registered post (section 24) of the Act.

(e) When the summon is so forwarded in a letter and it is proved that letter was properly addressed and duly posted and registered, the revenue officer may presume that the summons was served at the time when the letter would delivered in the ordinary course of post. Thus, powers have been vested on the revenue officer to raise a presumption regarding the due service of summons on the persons concerned in case the above said conditions are fulfilled. Section 114 of the Indian Evidence Act also raises a presumption in case an official act is done in the usual course of business by the concerned officer.

Supplemental Powers of the Revenue Officer:-

Section 21 of the Act, it has been provided that the notice, order of proclamation or copy of any such document issued by revenue officer for service on any person, shall be delivered in the manner provided in section 20 of the Act for the service of his summons. In this section, it has been made mandatory on the revenue officer to get the service affected strictly in the manner provided section 20 of the Act. In case there is any deviation or violation of the procedure prescribed under section 20 of the Act, the said service of the summons is vitiated and can be set-aside by a higher authority on the ground of non-following of the mandatory procedure and showing the prejudice caused to him by such non-service of summons.

Mode of Proclamation:-

In section 20(3) of the Act, it has been laid down by the legislature that summons may be sent by proclamation of the contents thereof for the information of the other persons interested. The said section does not prescribed the mode of proclamation. Section 22 of the Act prescribed that mode in which it says that it shall in addition to any other mode of publication which may be prescribed in any provision of this Act, be made by beat of drum or other customary method and by posting a copy thereof on a conspicuous place in or near the land in which it relates. Thus, publication in any newspaper, munadi by beat of drum or by pasting the copy of summons in or near the land to which the proceedings relate may be resorted to by the revenue officer.

The Punjab Land Revenue Rules:-

Under the Act powers have been bestowed upon the State Govt. to make rules for regulating the procedure to be followed by the revenue officer. Rule 34 to 43 of the said rules provide for the procedure, which ought to be followed by the revenue officer.

a) Rule 34, the statement and pleadings made by the parties or by on behalf of parties to a revenue to a revenue proceedings, whether oral or written, shall be as brief, as the nature of the case admits. It shall not be argumentative. It should be simple and concise, narrative of the facts, which the parties believes to be material to the case and which he either admits or believes that he will be able to proof.

b) Every written application or statement filed by a party to a revenue proceedings shall be drawn up and verified in the manner provided by Civil Procedure Code of written statement in suits. Thus, the procedure prescribed under the civil procedure code is the mother and source of all the rules, in any act, wherein any such requirement is there.

c) Rule 35 states that in case the death of one of the parties who is a female, shall not cause the proceedings to await. Legal representatives of the said deceased persons can be impleaded as parties.

d) According to rule 36, the revenue has the powers to follow procedure of a revenue court in fixing the date of parties and their witness in adjourning the proceedings and in dismissing the application on default or for the sufficient reasons.

e) According to rule 37, the revenue officer is competent to appoint a commission in respect to the proceedings before a revenue officer as per the provisions of section 75 and 78 of the code of Civil Procedure, 1908.

f) According to the rule 38, the revenue officer has the power to award the expenses to a witness, who is summoned to appear before him for a sum not exceeding the sum to which the witness would have been entitled for a like attendance in a civil court and sum so awarded shall be the cost in the proceedings.

g) According to the rule 39, the revenue officer is not required to write a detailed record of the statement of the parties and witnesses, but the order of revenue officer shall state briefly the person examined by him, the facts to which they deposed and the grounds of the order.

h) Under rule 41 and 42, the provisions regarding the contents of the order and apportionment and recovery of costs have been made.

i) Under rule 43, powers have been given for executing or orders of ejectment etc. which are akin to the provisions prescribed in the code of Civil procedure, 1908 for the time being in force in respect of execution of a decree.

j) Under rule 40, in other proceedings under the land revenue act, not being proceedings under 117 and in proceedings before the revenue officer under the Punjab Tenancy Act, the revenue officer shall make with his own hands a brief memorandum of the statement of the parties at the time when such each statement is made.

Conclusion:-

From the above said discussion of the said sections and rules, framed prescribing the procedure of revenue officer, it cannot be said that the proceedings before revenue officer are summary in nature, but they are just like the proceedings under taken in civil court. The proceedings conducted before a revenue officer according to the powers conferred on him are exhaustive and exclusive in nature, in which the jurisdiction of the civil court is barred under section 158 of the Act. The exclusion of jurisdiction of civil courts in the matters within the exclusive jurisdiction of the revenue officer have been detailed. Thus, it is not appropriate to dub the proceedings before revenue officer as a summary procedure or merely undertaken for fiscal purpose. These are substantive in nature and have to be interpreted as per the discussion made above.

[1*] The author passed degree in Master of Laws from the Panjab University Chandigarh in the year 1978. He has been practicing on civil side at Ludhiana. He has been a guest professor in Panjab University Regional Centre, Ludhiana. The author has written various articles, which have been published in the journals. The author has also addressed various webinars on facebook/youtube on various legal aspects to enlighten the younger generation. He had judged various moot competitions held in PURC, Ludhiana. Contact No. 9814712425, email: advocateajayjindal@gmail.com, Ch.No.425, 4th Floor, Advocates Complex, District Courts, Ludhiana, Punjab.

[2*] The co-author started attending the courts since May, 2011 and completed his law graduation from Panjab University, Chandigarh and is regularly doing practice on Civil Side. Email:-Abhayjindal14@yahoo.co.in, M No. 9814912425

Introduction:-

The governess of every department cannot be managed unless various officers are appointed to carry out the aims and objects enacted in a particular Act. Mere introduction of an Act on statute book is not enough, in the absence of the appointment of the officers, to implement the provisions thereof. A total chaos will be prevalent in case, hierarchy of officers is not provided in the Act.

In Punjab Land Revenue Act, 1887, a hierarchy of officers is provided for implementation of the law enacted by legislature. Punjab being a primarily an agriculture state, where most of the economy is based upon the agriculture, a provisions had to be made in the act for proper and true implementation of the provisions of the Act.

Hierarchy of Revenue officers:-

U/s 6 of the Punjab Land Revenue Act, 1887, a number of officers are appointed for carrying out the aims and objects of the act. The said section provides following classes of revenue officers namely:

(a) The Financial Commissioner.

(b) The Commissioner

(c) The Collector

(d) The Assistant Collector of First Grade

(e) The Assistant Collector of the Second Grade.

The power to appoint officers is vested with the State Govt. vide which, it can appoint any assistant commissioner, extra assistant Commissioner or Tehsildar to be an Assistant Collector of the First or of the Second Grade, as it thinks fit and any Naib Tehsildar, to be an Assistant Collector of the Second Grade. A notification has to be made by the Govt. for appointing the aforesaid officers specially by name or by virtue of the office or of more persons than one by description sufficient for their identification.(Section 6(3)&(4) of the Act)

(a) FINANCIAL COMMISSIONER:- Financial Commissioner is the head of the revenue department. He is a person, who is of the secretary level. He discharges the function entrusted to him under the Act. U/s 7 of the aforesaid act, there can be one or more Financial Commissioner, which may be appointed by the State Govt. In case, more than one Financial Commissioner have been appointed, the State Govt. may make rules as to the distribution among them of business under this or any other act by those rules.

ADMINISTRATIVE CONTROL/POWERS OF THE FINANCIAL COMMISSIONER:-

U/s 11(1) & (2) of the aforesaid Act, the Financial Commissioner has to work under the State Govt. The General Superintendence and Control over all other revenue officials, shall be vested in, and all such officers shall be subordinate to the Financial Commissioner. Financial Commissioner shall control all revenue officers in his division. Thus, it can be safely said that financial commissioner is the head of the revenue department who work under the superintendence and guidance of the State Govt.

POWERS OF THE FINANCIAL COMMISSIONER:-

(i) U/s 12 of the aforesaid act, the Financial Commissioner may by written order or distribute in such manner as it thinks fit, any business cognizable by any revenue officer under his control. The Financial Commissioner may withdraw any case pending before any Revenue officer under his control and either dispose of it there himself or by written order, referred to it for disposal to any other revenue officer under his control.

(ii) The power of withdrawal or transfer does not empower him to exercise any powers or deal with any business, which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.

(iii) Powers of appeal, review and revision:-

The appeal shall lie from an original or appellate order made by a Commissioner. However, when the original order is confirmed on the first appeal, a further shall not lie.

(iv) Limitation for filing an appeal:-

The limitation for filing an appeal under section 13 of the Punjab Land Revenue Act, shall run from the date of the order appeal against. The time limit providing for filing the appeal is before the Financial Commissioner is 90 days.

(v) General Powers of Superintendence/Revisional Power:-

U/s 16 of the Land Act, the Financial Commissioner may at any time, call for the record of any case, pending before, or disposed of by, any revenue officer, subordinate to him.

(b) THE COMMISSIONER:-

There are various divisions carved out in the State of Punjab. Each division is comprised of various districts. Every division has its own Commissioner, who exercise his control over the collector or any other officer, appointed or working in the division subordinate to him.

U/s 11 (3) of the aforesaid Act, the Commissioner has to work under the General Superintendence and control of the Financial Commissioner. The General Superintendence and Control over all other revenue officials working in his division, shall vest in, and all such officers shall be subordinate to the Commissioner. Commissioner shall control all revenue officers in his division. Thus, it can be safely said that Commissioner is the head of the revenue department of the division under his control, which work under the superintendence and guidance of the Financial Commissioner.

POWERS OF THE COMMISSIONER:-

(i) U/s 12 of the aforesaid act, the Commissioner may by written order or distribute in such manner as it thinks fit, any business cognizable by any revenue officer under his control in the division. The Commissioner may withdraw any case pending before any Revenue officer under his control and either dispose of it there himself or by written order, referred to it for disposal to any other revenue officer under his control in the division.

(ii) The power of withdrawal or transfer does not empower him to exercise any powers or deal with any business, which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.

(iii) POWERS OF APPEAL, REVIEW AND REVISION:-

The appeal shall lie from an original or appellate order made by a Collector or other revenue officer before the Divisional Commissioner. However, when the original order is confirmed on the first appeal, a further shall not lie. When any such order is modified or reversed on appeal by the Collector, the order may be made by the commissioner on further appeal, if any, to him shall be final.

(iv) LIMITATION FOR FILING AN APPEAL:-

The limitation for filing an appeal under section 14 of the Punjab Land Revenue Act, shall run from the original, or appellate order of a revenue officer shall be 60 days.

(v) POWER TO CALL FOR, EXAMINE & REVISE PROCEEDINGS OF REVENUE OFFICERS/REVISIONAL JURISDICTION:-

U/s 16 of the Land Revenue Act, the Commissioner may at any time, call for the record of any case, pending before, or disposed of by, any revenue officer, under his control.

(c) COLLECTOR:-

U/s 11(4) of the aforesaid Act, the Collector has to work under the supervision of Commissioner/Financial Commissioner/State Govt. The General Superintendence and Control over all other revenue officials posted in the district, shall be vested in, and all such officers shall be subordinate to the Collector and he shall control all revenue officers in his division. Thus, it can be safely said that Collector is the head of a particular District, who work under the superintendence and guidance of the Commissioner.

Powers of the Collector–

(i) U/s 12 of the aforesaid act, the Collector may by written order or distribute in such manner as it thinks fit, any business cognizable by any revenue officer under his control. The Collector may withdraw any case pending before any Revenue officer under his control and either dispose of it there himself or by written order, referred to it for disposal to any other revenue officer under his control.

(ii) The power of withdrawal or transfer does not empower him to exercise any powers or deal with any business, which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.

(iii) Powers of appeal, review and revision:-

The appeal shall lie to the Collector, when the order is made by an Assistant Collector of an either grade.

(iv) Limitation for filing an appeal:-

The limitation for filing an appeal under section 13 of the Punjab Land Revenue Act, shall run from the date of the order appealed against. The time limit provided for filing the appeal before the Commissioner is 30 days.

(v) General Powers of Superintendence/Revisional Power:-

U/s 16 (3) of the Land Revenue Act, the Collector may at any time, call for the record of any case, pending before, or disposed of by, any revenue officer, subordinate to him.

REVIEW BY REVENUE OFFICERS:-

Powers to review the orders made by the revenue officers has been conferred u/s 15 of the aforesaid Act. A revenue officer may either of his motion or on the application of any party interested, review and on so reviewing, modify, reverse or confirm any order passed by himself or any of his predecessor in office.

Provisos to this section:-

There are various provisos added in section 15 of the Punjab Land Revenue Act, before exercising the powers of review by various revenue officers.

(i) Where a Commissioner or Collector thinks its necessary to review any order, which he has not himself passed, and when a revenue officer of a class below of that of collector purposes to review any order, whether passed by himself or by any of predecessor of his office, he shall first obtain sanction of the revenue officer, to whose control, he is immediately subject.

(ii) Thus, according to this section, the commissioner or the Collector, can review the order which have been passed by them. However, if any officer below the rank of Collector i.e. Assistant Collector First Grade or Second Grade proposes to review any order, then he is to first obtain the sanction of the Collector for doing so.

(iii) The third requirement is that the order may be passed by the Assistant Collector First Grade or Second Grade himself or by any of his predecessor in office.

(iv) The application for review of the order shall not be entertained unless it is made within 90 days from the passing of the order or unless the applicant satisfies the revenue officer that he has sufficient cause for not making the application within that period. Thus, power to condone delay on the lines of section 5 of the limitation act, has been conferred on the revenue officer.

(v) No order shall be modified or reversed, unless reasonable notice has been given to the parties effected thereby to appear and to be heard in support of that order. This section is based on the principle that no person should be condemned unheard and on the administrative dictum of the natural justice audi alterum partum.

(vi) The last condition is to the effect that an order against which, an appeal has been preferred shall not be review.

Thus, the powers of the appellate court, are preserved to pronounce on the legality and validity of the order under appeal, where no review is maintainable.

No appeal:-

U/s 15(3), no appeal shall lie from an order refusing to review or confirming on review a previous order. However, the revisional jurisdiction under section 16 can be revoked by the Competent officer in this regard.

Powers to make rules as to procedure:-

U/s 17 of the act, the State Govt. has been conferred with the powers to make rules consistent with the act for regulating the procedure of revenue officer under this act in cases, in which the procedure is not prescribed by the Act.

Assistant Collector of either grade:-

The powers of Assistant Collector of First Grade are normally vested in the Sub Divisional Magistrate of the District, while the powers of Assistant Collector Second Grade are vested in Tehsildar, appointed in a particular Tehsil. Various acts have duly performed by the Assistant Collector of either grade which are entrusted to them and are conferred to them under the Act. U/s 10 of the aforesaid act, it has been provided that except where the class of revenue officers by whom any function is to be discharged is specified in this act, the State Govt. may by notification, determine the functions to be discharged under this act by any class of revenue officers. Thus, the duties or functions to be performed by the Assistant Collector has to be specified by the State Govt. by way of notification made for this purpose.

Other Revenue officers:-

There are other revenue officers employed in the district viz. Kanugo and village officers under section 28 of the Punjab Land Revenue Act, whose detailed powers and duties are provided and enumerated in the Punjab Land Record Manual.

[1*] The author passed degree in Master of Laws from the Panjab University Chandigarh in the year 1978. He has been practicing on civil side at Ludhiana. He has been a guest professor in Panjab University Regional Centre, Ludhiana. The author has written various articles, which have been published in the journals. The author has also addressed various webinars on facebook/youtube on various legal aspects to enlighten the younger generation. He had judged various moot competitions held in PURC, Ludhiana. Contact No. 9814712425, email: advocateajayjindal@gmail.com, Ch.No.425, 4th Floor, Advocates Complex, District Courts, Ludhiana, Punjab.

[2*] The co-author started attending the courts since May, 2011 and completed his law graduation from Panjab University, Chandigarh and is regularly doing practice on Civil Side. Email:-Abhayjindal14@yahoo.co.in, M No. 9814912425

Though Land Acquisition Act 1894 (hereinafter referred as “Act of 1894”) today stands repealed with the enactment of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as “Act of 2013”), yet it is very much alive for the acquisition proceedings wherein award under Section 11 of Act of 1894 was announced prior to 01.01.2014 i.e. date of enforcement of Act of 2013 by virtue of saving clause provided in Section 24(1)(b) of the Act of 2013. The references for enhancement in compensation are still being decided by the Reference Courts, High Courts and Supreme Court, therefore, time and again the Courts are being called upon to interpret the provisions of Act of 1894.

The Scheme of the Act of 1894, especially after amendment in the year 1984, seeks to provide for a time limit within which the acquisition is to be completed. For instance, declaration under section 6 of the Act of 1894 shall be issued within one year of the publication of notification under section 4, provided any period during which stay was in operation shall be excluded and further Section 11-A of Act of 1894 provides that award shall be announced under section 11 within a period of two years from the date of publication of the declaration under section 6 of the Act of 1894. Failing to adhere to this time limit results into lapsing of acquisition proceedings. It is not only with respect to the completion of acquisition proceedings that the time limit has been prescribed, but even for seeking enhancement in the compensation awarded, it is incumbent to pursue the remedies under the Act of 1894 strictly within the limitation period prescribed. The present article sheds light on the sanctity of the limitation period prescribed under section 18 and Section 28-A of the Act of 1894 for seeking enhancement in compensation or re-determination of compensation respectively.

Section 18(1) of the Act of 1894 envisages that any interested person who has not accepted the award may, by application in writing to the Collector, require him to refer the dispute raised in the application for the determination of the Court. Under sub section (2), the grounds on which objection to the award is taken have to be stated in the application. However, under the proviso to sub-Section (2) every application shall be made (a) if the person making it was present or represented before the collector at the time when he made his award, within 6 weeks from the date of the collector’s award; (b) in other cases, within 6 weeks of the receipt of the notice from the collector under Section 12(2), or within 6 months from the date of the collector’s award, whichever, period shall first expire. It is therefore, clear that if the interested person was present at the time Collector made the award, he should make the application within 6 weeks from the date of the award of the Collector. In other cases, it should be made within 6 weeks after the receipt of the notice from the Collector under Section 12(2) or within 6 months from the date of the Collector’s Award, whichever period shall first expire. Thus, a specific period of limitation within which an application under Section 18 is to be submitted is provided under the Act of 1894. Where on hand the limitation is prescribed, it is also relevant to mention that nowhere does the act envisages about the condonation of delay in submitting the application. Therefore, the first and foremost question that arises for consideration is whether such delay in filing application for reference can be condoned or not?

The issue regarding condonation of delay in making applications for reference U/s 18 is no more res integra and has been answered by the Hon’ble Supreme Court of India in catena of judgments. The landmark pronouncement in this regard, is the judgment of the 3 judges bench of the Hon’ble Supreme Court of India in the case of Mohammed Hasnuddin v. State of Maharashtra (1979) 2 SCC 572. The Hon’ble Court in the aforesaid case was seized of the issue as to whether the Court in dealing with the reference under Section 18(1) of the Act of 1894 can go behind the reference made by the Collector if the application on which the reference has been made beyond the period of limitation prescribed therein. While answering the issue framed, the Hon’ble Court observed that the word `requires’ used in Section 18 of the Act of 1894 implies “compulsion”. It carries the idea that the written application makes it incumbent on the collector to make a reference. The collector is required to make a reference under Section 18 of the Act of 1894 on the fulfilment of 3 conditions firstly, there shall be a written application by person interested who has not accepted the award, secondly nature of the objections which may be taken and thirdly time within which the application shall be made. Since, the conditions laid down in Section 18 of the Act of 1894 are matters of substance and their observance is a condition precedent to the Collector’s power of reference, the Hon’ble Court categorically held that the making of an application for reference within the time prescribed by proviso to Section 18(2) of the Act of 1894 is a sine qua non for a valid reference by the Collector. If the application under Section 18 of the Act of 1894 is not made within time, the collector will not have the power to make a reference and if such reference is made beyond the limitation, the Court has no jurisdiction to hear such reference. Therefore, the Hon’ble Supreme Court of India in many words clarified that no reference under Section 18 of the Act of 1894 can be made beyond the prescribed limitation in proviso to Section 18(2) of the Act of 1894.

The aforesaid proposition of law was taken a step ahead by the Hon’ble Supreme Court of India in the case of Officer on Special Duty (Land Acquisition) and another v. Shah Manilal Chandulal and others (1996) 9 SCC 414, wherein the Hon’ble Supreme Court of India precisely framed the question as to whether Section 5 of the Limitation Act, 1963 would apply for condoning the delay in making application for reference under Section 18(1) of the Act of 1894. Suffice to mention that in order to exercise power under Section 5 of the Limitation Act, 1963 the forum exercising the power shall be a `Court’. Thus, for arriving at the answer to the aforesaid question, the Hon’ble Apex Court firstly sought to decide whether collector is a Court for the purpose of Section 18(1) of the Act of 1894 or not. The reliance was placed on Mohammed Hassnudin (supra) to hold that when the collector makes reference under Section 18(1) of the Act of 1894 he acts as a statutory authority. Further, reference was made to Section 3(d) of the Act of 1894 which defines Court to mean the principal Civil Court of original jurisdiction or a principal judicial officer within any special local limits appointed there under to perform the functions of the Court under the Act. The definition of the Collector is provided under Clause 3(c) to mean the Collector of District and includes a Deputy Commissioner etc. appointed by the appropriate Government to perform the functions of the Collector under the Act. Therefore, a clear distinction is made between the Collector and the Court in the scheme of the Act itself, therefore, the Hon’ble Court categorically held that the Collector is not a Court when he acts as a statutory authority under Section 18(1) of the Act of 1894, thus, Section 5 of the Limitation Act cannot be applied for the extension of the period of limitation prescribed under proviso to sub section (2) of Section 18 of Act of 1894. In the light of the conclusion that Collector is not a “court”, the Hon’ble Court held that if the application for reference under section 18 of the Act of 1894 is not made within time as prescribed in the act, Collector will not have any power to make reference.

On one hand it is the duty of the Collector to decide whether an application seeking reference has been made within time or not, on the other hand the Reference Court shall also determine the validity of reference of which one essential element is time within which such application for reference was filed as the very jurisdiction of the court to hear a reference depends upon a proper reference being made under Section 18. If the reference made is not proper, the court has no jurisdiction to hear the same. If the reference is beyond the prescribed period by the proviso to sub-section (2) of Section 18 of the Act and if it finds that it was not so made, the court would decline to answer the reference.

The another important facet of limitation period prescribed in section 18 of the Act of 1894 is the date of reckoning of such limitation period. As discussed herein above, the proviso to sub section (2) prescribed three dates of commencement of limitation which are:-

(a) if the person making it was present or represented before the collector at the time when he made his award the application shall be made within 6 weeks from the date of the collector’s award;

(b) in other cases, within 6 weeks of the receipt of the notice from the collector under Section 12(2), or within 6 months from the date of the collector’s award, whichever, period shall first expire.

As far as the date of commencement of limitation from date of collector’s award where person is present and date of receipt of notice under section 12(2) of Act of 1894 is conacred, there is no ambiguity. However, by way of judicial pronouncements the “the date of collector’s award” as used in clause (b) has been interpreted to mean “date of knowledge of award”. Where, the rights of a person are affected by any order and limitation is prescribed for the enforcement of the remedy by the person aggrieved against the said order by reference to the making of the said order, the making of the order must mean either actual or constructive communication of the said order to the party concerned. So the knowledge of the person interested and affected by the award made by the Collector under section 11 of the Act of 1894, either actual or constructive is an essential requirement. Therefore, the Hon’ble Supreme Court of India in the case of State Of Punjab v. Mst. Qaisar Jehan Begum and Anr. AIR 1963 SC 1604, held that the date of award shall be interpreted to mean knowledge of award and such knowledge does not mean a mere knowledge of the fact that an award has been made but it should relate to the essential contents of the award.

The view of the courts across the country has remained static that the application for reference under section 18 of the Act of 1894 shall be made within the limitation prescribed in the Act and there is no scope for condonation of such delay. The reference can be made to the judgments passed in the case of State of Karnataka v. Laxuman, (2005) 8 SCC 709, Harbans Singh v. State of Punjab RFA No. 2513 of 1992, Raghuwansh Chaprana and others v. State of Haryana and others RFA No. 805 of 2006 and Gram Panchayat, Bajghera v. State of Haryana and others RFA No. 5204 of 2015. Suffice to mention that Section 64 of the Act of 2013 envisages similar provision as that of section 18 of the Act of 1894 and thus, the settled law has to be followed in relation to the new Act as well.

Considering the fact that there can be persons who failed to submit an application for reference seeking enhancement in compensation, another remedy in terms of Section 28-A of the Act of 1894 was added in the Act by way of amendment in the year 1984. The said provision was added considering the fact that the right of reference to the Civil Court under Section 18 of the Act is not usually taken advantage of by inarticulate and poor people and is usually exercised by the effluent land owners which causes inequality in the payment of compensation, therefore, a right was sought to be provided to such land owners to make an application under Section 28-A of the Act of 1894 seeking compensation based upon the award announced by the reference Court. The analogous provision in the Act of 2013 is contained in the form of Section 73 and the interpretation given to Section 28-A of the Act of 2013 is equally applicable on Section 73 as well.

Sub-section (1) of Section 28-A of the Act of 1894 provides that after an award is made under Part-III whereby the Reference Court enhances to compensation awarded by the Collector under Section 11, a right accrues to a persona interested in the other land covered by the same notification under Section 4 of the Act of 1894, who is also aggrieved by the award of the Collector but did not make an application for reference under Section 18, to move an application before the collector for re-determination of the amount of compensation payable to him on the basis of the amount of compensation awarded by the Court. Once again, this right comes with a specific limitation as this application for re-determination is required to be made within 3 months from the date of the award of the reference Court. The right to make the application under Section 28-A arises from the date of the award made by the reference Court, therefore, the limitation of 3 months also starts from the date of the award by the Court disposing of the reference under Section 18 of the Act of 1894. Since the Act also envisages the provision of appeal, therefore, earlier there was confusion as to whether the phrase date of award of court would mean “Reference Court” or the appellate court will also come within its ambit.

This controversy was finally adjudicated upon by the Hon’ble Supreme Court of India in the case of Jose Antonio Cruz Doz R. Radrigues v. Land Acquisition Collector 1997(2) RCR (Civil) 21, wherein the Hon’ble Apex Court categorically held that the award of court would mean the award of reference court only and not of appellate court. While reaching to this conclusion the Hon’ble Court observed that the first part of section 28-A begins with the words “Where in an award under this part, Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 11“, the perusal of these words clearly implies that the legislature was talking of an award made under the provisions of Part III, i.e., an award under Section 11 and therefore, in that context, reference to `Court’ can only mean the court to which a reference is made by the Collector under Section 18. Further second part of the section addresses “the persons interested in all the other land covered by the same notification … and who are also aggrieved by the award” and permits them to make a written application to the Collector “within three months from the date of the award of the Court” requiring him to redetermine the amount of compensation on the basis of the amount awarded by the Court, notwithstanding the fact that they had not sought a reference under Section 18 of the Act. Thus, a clear inference can be drawn that section 28-A of Act of 1894 intends to give the same benefit, which a person who had sought a reference and had secured the Court’s award for a higher amount of compensation had received, to those who had, on account of ignorance or financial constraints, not sought a reference under Section 18. Even in the latter part, the reference has been made to award under section 11 of Act of 1894 and then to reference under section 18 of Act of 1894, therefore, the limitation prescribed under section 28A of Act of 1894 shall start from the award of Court deciding the reference under section 18 of Act of 1894 and not the decision of the appellate court dealing with appeal against the award of Reference Court. In Union of India v. Pardeep Kumari AIR 1995 SC 2259, the Hon’ble Apex Court observed that Section 28-A of Act of 1894 does not imply only first award by Reference Court but any award of reference Court made in respect of the main award.

As far as the condonation of limitation in filing application for re-determination under Section 28-A of the Act of 1894 is concerned, the Hon’ble Supreme Court of India in the case of State of AP and another v. Marri Venkaiah and others cited as (2003) 7 SCC 280 held that the language of Section 28-A of the Act of 1894 is very clear that the application u/s 28-A is to be filed within three months from the date of the award by the court and any application received thereafter, is absolutely time barred. In addition to this, the Hon’ble Court categorically observed that even the exclusion of time on the ground of knowledge by the land owner(s) is not permissible within the parameters of Section 28-A. The Hon’ble Court has explained that Section 28-A of Act of 1894 is in the form of beneficial legislation and in order to take advantage of same person has to be vigilant and has to take appropriate action within the prescribed time. This proposition of law was reiterated by the Hon’ble Apex Court in the case of Popat Bahiru Govardhane and others v. Special Land Acquisition Officer and another (2013) 10 Supreme Court Cases 765, wherein the Hon’ble Court was adjudicating upon the issue as to whether limitation for filing the application for redetermination of the compensation u/s 28-A of the Act of 1894 would commence from the date of the award or from the date of knowledge of the court’s award on the basis of which such application is being filed. While negating the contention of the appellants that the date of knowledge shall be the point of commencement, the Hon’ble Court reiterated that the limitation to file an application u/s 28-A shall commence from the date of award of court and the court has no power to extend the period of limitation even on equitable grounds by ignoring the express provision of the Act.

Once it is clear that the application for re-determination can be made within three months from the date of award of Reference Court, a very pertinent question arises that if the compensation is further enhanced by the appellate court, then what is the remedy with the landowners who have sought re-determination of compensation in terms of enhancement made by reference court. In order to take care of such eventualities, the Hon’ble Supreme Court of India in the case of Bharatsing S/o Gulabsingh Jakad and others v. State of Maharashtra and others (2018) 11 SCC 92 has categorically held that the Collector shall keep the application under section 28-A pending till the appeals against the award of reference court are finally decided as it is settled law that the re-determination can only be sought once that too based on the award passed by the Reference Court and not appellate court, therefore, application under section 28-A of Act of 1894 shall not be decided by the Collector till the pendency of the appeals in the superior courts.

As it is said law favours ones who are vigilant, even in context of pendency of application under section 28A of Act of 1894, the duty is also casted upon the landowner to seek appropriate remedies if the Land Acquisition Collector decided the application under section 28A of Act of 1894 even when appeal was pending against the award of Reference Court. Such land owner can file an application under section 28(3) of Act of 1894 to the Collector, requiring the matter to be sent to Court and in such eventuality provision of the Section 18 would apply and so as the limitation. If the landowner has failed to seek such remedy, at later stage he cannot agitate the LAC should have kept the application pending. This aspect has recently been clarified by the Hon’ble Supreme Court of India in the case of M/s Model Economic Township Ltd. v. Land Acquisition Collector SLP(C) No. 618 of 2018 decided on 26.02.2019.

Therefore, in view of the aforesaid pronouncement by the Hon’ble Supreme Court of India, it is clear beyond any cloud of doubt that once the person who failed to file either application for reference under section 18 of the Act of 1894 or application for re-determination of compensation based on award of Reference Court within the period of limitation provided under the respective provisions, cannot belatedly file such applications and delay cannot be condoned. Once it is the proposition of law, the logical corollary that follows is that such landowner would not be able to claim enhanced compensation even if other landowners would have been granted such benefit as the right of the landowner is time barred.

In such eventuality, a very pertinent question which arises is whether if the petitioner fails to avail statutory remedies for challenging award for seeking enhancement in compensation within limitation; can Article 226 of the Constitution of India be invoked for seeking enhancement in compensation? Since time and again the Hon’ble Supreme Court has emphasised that there is no possibility for condoning delay in filing either application for reference under section 18 of the Act of 1894 or application for redetermination of compensation under section 28A of the Act of 1894, it doesn’t require a second guessing that even the answer to this question is in negative. The Hon’ble Supreme Court of India in the case of State of Karnataka v. Laxuman 2005 (8) SCC 709 while adjudicating upon the application of Section 5 limitation Act in filing application for reference under section 18 of the Act of 1894 held that no writ of mandamus can be issued to entertain such application after the expiry of the limitation.

Therefore, as a sequel of aforesaid discussion it can be clearly concluded that the person who fails to avail the statutory remedies as provided under section 18 or Section 28-A of the Act of 1894 and fails to file either application for reference under section 18 of the Act of 1894 or application for re-determination of compensation based on award of Reference Court within the period of limitation provided under the respective provisions, cannot belatedly file such applications and such delay cannot be condoned and even such enhancement in compensation cannot be sought by invoking Article 226 of the Constitution of India.

]]> https://lawfinderblog.com/sanctity-of-limitation-period-prescribed-under-land-acquisition-act-1894/feed/ 1 https://lawfinderblog.com/land-in-west-bengal/?utm_source=rss&utm_medium=rss&utm_campaign=land-in-west-bengal https://lawfinderblog.com/land-in-west-bengal/#respond Tue, 11 Aug 2020 06:29:20 +0000 https://lawfinderblog.com/?p=3703

In our law colleges in West Bengal there is not a single paper to understand the various units of the land in West Bengal in this chapter we are going to discuss about the various units of land. in case the land the international units are decimal, acres, square feet, hectare and the local units are Acre, Bigha, Kattha, Chhatak and borgo foot which means the sqaure feet itself, and there are many other units in west bengal like Hath, Bigda etc but those are not so important to know with but in another chapter we will also discuss about the same, however we also have a Bengali Blog which is also related to land studies which you can find here https://ayinibangla.blogspot.com/, so now lets see the measurement of each unit,-

Decimal, which we said, is internationally recognised unit in case of land,

1 Decimal = 435.6 sq. ft.

100 Decimal makes 1 Acre

33 Decimal makes 1 Bigha

1.67 Decimal makes 1 Kattha
Now lets come to the Acre Connection, which also an international unit,-

1 Acre Contains 100 decimal

1 Acre = 3 Bighas

Now as 1 decimal = 435.6 sq. ft. 1 Acre = 435.6 X 100 sq. ft. = 43560 sq. ft.

2.47 Acres makes 1 hectare (here you have to understand one thing, according to the local law of West Bengal, in case of non-irrigated land 3.47 Acre makes one standard Hectare)
Now we will discuss about the local standar units of land which are Bigha, Kattha, Chhtak etc,
At first lets understand the Kattha Connection,

1 Cuttha/Kuttha = 16 Chhitak

1 Cuttha/Kuttha = 720 sq. ft.

1 Cuttha = 1.67 Decimal

20 Cutthas = 1 Bigha

60 Cutthas = 1 Acre
Now lets come to the study of Chhtak,-

16 Chhitak makes 1 Cuttha

1 Chhitak = 45 sq. ft.
So if any land is 2.5 cuttha, its actually 2 cuttha 8 chhitak or 4 decimal approximately (actually it is 4.17 decimal or [(2 X 720) + (8X45)] sq. ft. = 1800 sq. ft.
So, I think so far I have delivered is clear to you, for any other queries please comment here or u can also text/call/whatsapp me at 8981407123
I the upcoming chapters we will discuss more interesting topics about land.