9911796707
TMI Blog2003 (2) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... submitting their claim to compensation in respect of the area under acquisition. The appellants submitted their claim contending that the land under acquisition was converted to non-agricultural use by the order of the Sub-Divisional Officer, Akola, dated 3-3-1983. The appellants also pointed out that by the said order, residential lay outs were sanctioned in the lands sought to be acquired and plots were also demarcated. The appellants also pointed out that the lands in question were surrounded by developed colonies with residential quarters, industries, market yards and other commercial complexes in the near vicinity. The appellants also contended that the land is close to national highway and State bus-stand. On the said basis the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Amravati Division, respondent No. 2 herein, as required under the proviso to Section 11(1) of the Act for his approval. The said Commissioner as per his order dated 28-3-2001 after reappreciating the material on record, came to the conclusion that the lands in question remained to be agricultural lands, therefore, the value fixed by the Collector treating the same as potentially non-agricultural land, was erroneous and he came to the conclusion that the value should be ₹ 72,400/- per hectare. He also reconsidered the additions and deductions made by the Collector and came to the conclusion that the valuation made by the Collector was improper hence directed the Collector to refix the compensation as directed in his order dated 28-3-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said section after giving notice to the interested persons. In the said proceedings, the determination of the market value or the compensation payable to the claimants is to be done on the satisfaction of the Collector based on the material on record and not based on any other authority's satisfaction. Learned counsel contended that the requirement of prior approval found in the proviso to Section 11(1) is not an appellate power but only an administrative act of accepting or not accepting the proposed award made by the Collector, therefore, the Commissioner had no jurisdiction to reappreciate the evidence. While exercising the said authority of approval of the Collector's award the Commissioner at the most may not grant approval ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the power of inquiry under Section 11 vests with the Collector who has to issue notice to the interested persons and hear the interested persons in the said inquiry. He also has to determine the measurements of the land in question and on the basis of material on record decide the compensation which in his opinion should be allowed for the land and if need be, he can also apportion the said compensation amongst the interested persons. The nature of inquiry which statutorily requires the interested parties of being heard and taking a decision based on relevant factors by the Collector shows the inquiry contemplated under Section 11 is quasi-judicial in nature, and the said satisfaction as to the compensation payable should be based on the op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o approve the proposed award the Commissioner may satisfy himself as to the material relied upon by the Collector but he cannot reverse the finding as if he is appellate authority for the purpose of remanding the matter to the Collector as can be done by an appellate authority; much less can the Commissioner exercising the said power of prior approval give directions to the statutory authority in what manner he should accept/appreciate the material on record in regard to the compensation payable. If such a power of issuing direction to the Collector by the Commissioner under the provision of law referred to hereinabove is to be accepted then, it would mean that the Commissioner is empowered to exercise, the said power to substitute his opin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of compensation it has provided such power separately in Section 15A of the Act. Therefore, in our opinion, if the Commissioner while considering the proposed award of the Collector under the proviso to Section 11(1) of the Act to grant or not to grant approval if he thinks that the order of the Collector cannot be approved, he can at the most on the administrative side bring it to the notice of the appropriate Government to exercise its power under Section 15A of the Act, but he cannot as in the present case on his own exercise the said power because that power under Section 15A is confined to the appropriate Government only. Therefore we have to negative the argument of Mr. Joshi that it is open to the Commissioner while considering th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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