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TMI Blog1965 (12) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... tary interest of the Raja in the Zamindari properties situated in the two tahsils vested in the State of Uttar Pradesh. The Sub-Divisional Officers of Mirzapur and Chunar tahsils, who were functioning as Compensation Officers under the Act, prepared draft Compensation Assessment Rolls and they were notified on the official Gazette as required by Clause (a) of s. 46(1) of the Act. A copy of the notice was also served on the Raja along with a copy of the draft Compensation Assessment Rolls as required by Clause (b). The Raja filed objections to the draft Rolls, contending that the amount of compensation should have been higher that what was fixed. It is an admitted fact no notice of the objections filed by the Raja was given to the State of Uttar Pradesh; nor was any intimation of the date of hearing sent. The State Government had, however, issued a notification [No. 145 Z.A.C.-5/158(1953)] on July 29, 1953 instructing all District Officers that in objections cases, in which it was deemed necessary to arrange for the State Government to be represented before the Compensation Officers, the District Officers should specially authorise the Zamindari Abolition Naib Tahsildars to plead on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt claimed privilege under Sections 123 and 124 of the Indian Evidence Act and the application was rejected the same day by the Compensation Officer. A similar application for discovery and production of documents made before the Compensation Officers, Chunar, on December 15, 1955 was rejected on January 5, 1956 when the State Government claimed privilege. On October 6, 1956 the District Judge, Allahabad, consolidated the two compensation cases pending in Mirzapur and Chunar Tahsils and directed that they should be heard by the Sub-Divisional Officer (Compensation Officer), Mirzapur. 4. When the cases went before the Sub-Divisional Officer (Compensation Officer), Mirzapur, two fresh applications were filed on August 22, 1957 for discovery, production and inspection of the documents already the subject of the previous applications and some more. The State Government again objected to the last application, claiming privilege and also pointing out that similar applications had already been rejected earlier. The State Government requested the Compensation Officer, Mirzapur (Mr. R. K. Misra) to decide the question whether a second application was maintainable after the first had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sections of the Act and as we proceed to consider them we shall advert to the arguments where necessary. 8. Chapter III of the Act deals with the Assessment of Compensation. Under s. 27 every intermediary whose rights, title or interest in any estate are acquired under the provisions of the Act is entitled to receive and be paid compensation. The sections that follow lay down how compensation is to assessed. The first step is to prepare draft Compensation Assessment Rolls in respect of each intermediary. After the draft Compensation Assessment Rolls are ready they are published. Section 46 lays down how they are to be published. It reads : 46. Preliminary publication of the draft Compensation Assessment Roll. (1) After the draft Compensation Assessment Roll in respect of any intermediary has been prepared, the Compensation Officer shall - (a) publish a notice in the Gazette and in such other manner as may be prescribed to the effect that the Statement referred to in section 38 and the draft Compensation Assessment Roll mentioned in section 40 have been prepared and are open to inspection by the persons concerned; (b) serve or cause to be serve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otwithstanding anything contained in the said chapters or clause (d) of sub-section (1) of Section 344, the period of limitation for filing of an appeal by or on behalf of the State Government shall be ninety days from the date of the order appealed against. 10. This section must be construed with Sections 47 to 52. Under s. 47 it is provided that if any objection is filed it shall be registered by the Compensation Officer who shall fix a date for hearing the same and give intimation to the intermediary concerned and to any person who may have appeared in reply to the notice under s. 46. It is contended on behalf of the respondent that no notice to the State Government was necessary because it was not a person interested and had not appeared in reply to the notice under s. 46. It is contended on behalf of the State Government that the State Government was entitled to a notice because the Act intends that it should be a party to every proceeding before the Compensation Officer. Both sides refer to Sections 48 to 52 in aid and construe them in their favour. Under s. 48 it is stated that in hearing and deciding objections the Compensation Officer shall have all the powers of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, can be set aside. The respondent says that the provisions of O. 9 and s. 151 of the Code of Civil Procedure under which the decrees which are passed ex parte, are ordinarily set aside do not apply and contends that since the State Government did not appear and contest the objection to the amount of compensation and did not appeal under s. 50 to the District Court the final Compensation Assessment Roll, which was signed and sealed, became final under s. 52(1) and (2) of the Act and it cannot now be re-opened. This is the case accepted by the Divisional Bench. 11. We have first to construe s. 343 of the Act which seems to have led to the rival conclusions in the High Court. That section says that the State Government shall be deemed to be a party to every proceeding. Now it cannot be denied that on the objection being made, a proceeding stared before the Compensation Officer. The State Government must be deemed to be a party to that proceeding and the only question is what the Act means by saying that the State Government shall be a party to every proceeding. The learned Single Judge found the section inartistic but, in our opinion, it clearly conveys two ideas which are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, quite clear that the State Government ought to have been joined by the objection to the proceedings for enhancement of compensation. It is equally clear that even though not joined the State Government was entitled to a special notice, in common with the intermediaries and other persons interested, of the date of the hearing. Since no such intimation was sent the proceedings will not, prima facie, bind the State Government and that in fact is the claim made by the State Government by its applications for the reopening of the proceedings before the Compensation Officers. 12. It is contented that under certain notifications all Sub-Divisional Officers were empowered to discharge the functions of a Collector under the Abolition Act and all Assistant Collectors were made ex officio Compensation Officers and the Compensation Officer having notice, the State Government must be deemed to have notice also. This is not correct. The Compensation Officer acts as a court and a court cannot represent a party. A separate notice was necessary. 13. It was contended that the State Government could have appealed against the decision of the Compensation Officer. An affidavit has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be sent as laid down in s. 343. Section 343 prescribes not only the manner of serving notices but lays down that the State Government must be joined. Every court and tribunal is entitled to reopen a proceeding which has proceeded ex parte, not because a party has failed to appear but because a notice has not been sent to a necessary party. A decision reached behind the back of a necessary party to whom notice must be sent is not binding upon such a party and the Court may in such a case reopen the proceeding to give the party a chance to state its case. 16. When the petition for writ was filed the proceedings before the Compensation Officer were at a very early stage. The State Government had applied for reopening of the objection cases and the Zamindari had asked for certain documents to prove that the State Government had notice of the proceedings and had, in fact, appeared through the Zamindari Abolition Naib Tahsildars to contest the objections. The State Government had claimed privilege and the claim of privilege was allowed by the Objection Officer. The Zamindari had thereupon filed the application to challenge the claim of privilege and to get the order of the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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