State Of Bihar And Ors. vs Prem Kumar Singh And Ors.

1. Though Respondents 2, 3 and 5 have been served, none is appearing. Dasti service was ordered by this Court. An affidavit has been filed showing that Respondents 1 and 5 have refused to receive the notice. The service of notice is complete. We have heard Mr. B.B. Singh, learned counsel for the petitioners. Special leave granted.

2. The High Court in the impugned order has stated that the Commissioner has no jurisdiction to interfere and reduce the compensation fixed by the Land Acquisition Collector. The statutory notification dated 13-3-1985 No. DLA Niti-63/85 712 was issued by the Governor exercising the power under first proviso to Section II of the Land Acquisition Act, 1894 whereunder the power of the Government has been delegated to the officers notified thereunder. Clause (i) says that the Collector/Deputy Commissioner of the District in such class of cases where the total compensation does not exceed rupees five lakhs is the competent officer to approve the market value to be determined by the Land Acquisition Collector. In the case of compensation in excess of rupees five lakhs but does not exceed rupees fifteen lakhs, the Commissioner of the Division will be the competent authority. In other cases, it will be the State Government. However, Government will grant prior approval in cases where the total compensation exceeds rupees fifteen lakhs. The class of cases in which the market value was fixed at rupees five lakhs per acre or more will be sent to Government for prior approval. In view of the statutory notification declaring that the Commissioner has jurisdiction and authority to determine the reasonableness of the compensation fixed by the Land Acquisition Collector, the order of the High Court is illegal. The High Court overlooked that fact and allowed the writ petition as asked for. In view of the fact that the respondents are not appearing, we do not express any opinion on merits of the matter. It is remitted to the High Court for fresh consideration in the light of the above situation. The appeal is allowed. No costs.