Manjari Tanty vs LAO

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S).6111 OF 2021 (arising out of SLP(C)No.22220 of 2019)

MANJARI TANTY @ LARIA APPELLANT(S)

VERSUS

SPECIAL LAND ACQUISITION OFFICER AND SUB COLLECTOR, ULTRA MEGA POWER PROJECT, SUNDARGARH & ORS. RESPONDENT(S)

O R D E R

Leave granted.

The present appellant is aggrieved by the judgment and

order dated 28.06.2019 passed by the Orissa High Court at

Cuttack setting aside the findings recorded by the Civil

Judge (Senior Division), Sundargarh, Odisha vide order dated

16.02.2016 directing the present appellant to be entitled to

50% of share of the compensation as awarded by the Reference

Court under Section 30 of the Land Acquisition Act, 1894

(“the Act”).

The acquisition proceedings in reference to the subject

land in question were initiated pursuant to the Notification

dated 28.04.2010 published by State Government under Section Signature Not Verified 4 of the Act and the subject land of one Late Jadumani Digitally signed by NEETU KHAJURIA Date: 2021.10.01 18:24:38 IST Reason: admeasuring Ac.7.690 decimals under Hal Khata No.35 of mouza

in Village Lankahuda, District Sundargarh, Odisha, was

acquired.

2

Pursuant to the subject land was acquired, the claim

application was preferred by the aggrieved person(s) before

the Land Acquisition Officer (LAO) including the present

appellant and respondent no.3. The appellant herein claimed

50% of the awarded amount of compensation as one of the legal

representative/heir of the deceased land holder of Late

Jadumani. The LAO accepted the claim of respondent no.3 on

the basis of the Will, disowning the claim of the present

appellant on the premise that Kuladhara father of the

appellant was pre-deceased on 14.07.1973 before the death of

Jadumani.

On appeal being preferred at the instance of the present

appellant before the Ld.Senior Civil Judge, Sundargarh,

Odisha, the finding was reversed and it was observed that the

Kuladhara, father of the appellant died on 14.07.1993 and the

appellant was entitled for 50% share of the compensation

awarded by the Reference Court, but on further appeal being

preferred by the respondent no.3, the finding of the Land

Acquisition Officer was restored holding the death of

Kuladhara, father of the appellant was pre-deceased on

14.07.1973.

This Court in its order dated 17.12.2019 observed as

under :

“The only question involved in this petition is regarding the death of Kuladhar. Learned counsel for the petitioner submits that he has died on 14.7.1993 whereas learned counsel for the respondent submits that Kuladhar has expired on 14.07.1973.

3 However, the death certificate issued by the concerned authorities shows that Kuladhar’s death ws on 10.05.1983.

Learned counsel for the petitioner is directed to produce certified copy of the birth and death register before this Court finally within three weeks from today.

Status quo, existing as on today, shall be maintained with regard to the compensation.

List after three weeks.”

In sequel thereof, by order dated 31.01.2020, this Court

directed the Principal District Judge, Sundargarh in the

State of Odisha to conduct an enquiry regarding the date of

death of Kuladhara Tanty s/o late Brundaban Tanty, resident

of Village/P.O. Lankahuda, P.S. Sadar, District Sundargarh

and submit a report to this Court.

In compliance of order of this Court, Ld. District &

Sessions Judge, Sundargarh conducted inquiry and submitted

its report to this Court finally arriving at a conclusion

after appreciation of the evidence being filed by the

respective parties and also taken into consideration the oral

evidence which was produced before him, observed that death

of Kuladhara had taken place on 14.07.1993 in Village

Raibaga.

Mr.Ramakant Mohanty, learned senior counsel for

respondent no.3 submits that during the pendency of the

proceedings, 14.07.1973 was the date of death of Kuladhara

was on record and at one stage an application was filed at

the instance of the present appellant seeking amendment 4

treating it to be a typographical error to show the date of

death of Kuladhara to be 14.07.1993. The application for

amendment was dismissed and revision petition preferred at

the instance of the appellant was declared to be infructuous.

Learned counsel further submits that once the

application for amendment seeking change of date of death of

Kuladhara has been rejected, it may not be in the interest

of justice in taking the report of the Ld. District & Sessions

Judge, Sundargarh who has not appreciated the evidence in the

right perspective to record a finding regarding the date of

death of Kuladhara.

After we have heard learned counsel for the parties and

taking into consideration the report of Ld. District &

Sessions Judge, Sundargarh which has been furnished by him

on 28.09.2020 pursuant to the order of this Court dated

31.01.2020 and arrived at conclusion that death of Kuladhara

had taken place on 14.07.1993 in Village Raibaga. We accept

the report.

In our considered view, the order of the High Court

impugned dated 28.06.2019 in the light of what has been afore-

stated, deserves to be set aside.

Consequently, the appeal succeeds and is, accordingly

allowed. The order of the High Court impugned dated

28.06.2019 is hereby, quashed and set aside. We confirm the

order dated 16.02.2016 of Ld.Senior Civil Judge, Sundargarh,

Odisha and the appellant is entitled to claim 50% of her

share of compensation in terms of order dated 16.02.2016. 5

Pending application(s), if any, shall stand disposed

of.

............... J.

(AJAY RASTOGI)

............... J.

(ABHAY S OKA) NEW DELHI SEPTEMBER 27, 2021 6

ITEM NO.2 Court 14 (Video Conferencing) SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 22220/2019

(Arising out of impugned final judgment and order dated 28-06-2019 in LAA No. 27/2016 passed by the High Court Of Orissa At Cuttack)

MANJARI TANTY @ LARIA PETITIONER(S)

VERSUS

SPECIAL LAND ACQUISITION OFFICER AND SUB COLLECTOR, ULTRA MEGA POWER PROJECT, SUNDARGARH & ORS. RESPONDENT(S)

(With IA No. 16275/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES & IA No. 151325/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 27-09-2021 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE ABHAY S. OKA

For Petitioner(s) Mr. Ajit Kr. Sinha Sr. Adv Mr. Avnish Kumar Sharma Adv Mr. Ramendra Mohan Patnaik, AOR

For Respondent(s) Mr. Ramakant Mohanty, Sr. Adv.

Mr. Deepankar Bharadwaj, Advocate Mr. Nagarkatti Kartik Uday, AOR

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The Civil Appeal is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NIRMALA NEGI) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)