TMI Blog2009 (1) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... eement dated 24.11.1988 agreeing to sell 20 bighas of land in Khasra No. 9 in Sukhalpura village to Shiva Co- operative Housing Society Ltd. (for short 'Society'). The said agreement is said to have confirmed (i) that payment of the entire price of 20 bighas of land was made by the society to Chauthmal; (ii) that possession of the land agreed to be sold was delivered to the society; and (iii) that out of 20 bighas agreed to be sold, 5 bighas of land stood in the name of other persons and Chauthmal would ensure that an agreement was executed by them also in favour of the society in regard to that extent. 4. Some lands in Sukhalpura village, including 31 bighas in Khasra No. 9, were acquired for a housing scheme floated by Rajasthan Housing Board (for short, 'the Board') under preliminary notification dated 5.4.1985 and final notification dated 16.10.1985 issued under the Land Acquisition Act, 1894 ('Act' for short). Khasra No. 9 was shown as 'Sivaya Chak' (government land) in the said notification and possession thereof was delivered to the Housing Board on 13.6.1988. 5. Chauthmal is said to have filed a revenue suit for a declaration that Khasr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Board claiming that the society ought to have received the said 15% developed land in lieu of compensation relating to the 20 bighas of acquired land. Some members of the society, through a forum known as Mithila Nagar Suraksha Vikas Samiti also made a representation to the Chief Minister on 17.10.2005 alleging that the Khatedars/power of attorney holders of Khasra No. 9 in collusion with the Special Officer had practiced fraud and grabbed the valuable land from the Rajasthan Housing Board. The Chief Minister's office appears to have suggested action on such representation. In pursuance of it, the appellant on behalf of the Board lodged an FIR on 7.11.2005 (at about 9.20 p.m.), alleging that the Khatedars/Power of Attorney holders of Khasra No. 9 had made false representations to the Board, and in collusion with the Special Officer of the Board and office bearers of the society, had fraudulently obtained allotment pattas in the year 2002. 10. First respondent herein who claimed to be the owner of 13 bighas in Khasra No. 9 and respondent No. 2 herein who was his attorney holder, filed a petition under Section 482 of the Code for quashing the FIR on the ground th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llector (or any officer appointed by the appropriate government or other acquiring authority) performing functions assigned under the Land Acquisition Act, can be said to be a 'Judge' as defined in Section 19 IPC, that is, a person empowered by law to give a definitive judgment in a legal proceeding and acting judicially in the exercise of such power. 13. The findings of the High Court that a Collector/Land Acquisition Officer making an award under Section 11 of the Act is entitled to the immunity of a Judge under Section 77 IPC, is based on the following reasoning : Once an agreed award is passed by the competent authority and that award acquires the status of an executable decree under the law, the evidence which came before the competent authority on the basis of which such award is passed, cannot be subjected to investigation by the police authorities. The respondents also supported the said finding by referring to the various provisions of the Act relating to the powers exercised by the Collector (which term includes not only the Collector of a District or Deputy Commissioner, but any officer specially appointed by the appropriate Government to perform the fun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the award made by the Collector does not bind the claimants, as they have the choice of not accepting the award and requiring the Collector to refer the matter to the Civil Court for determination of the compensation. The appellants pointed out that while Section 26 the Act specifically provided that the award by the 'Judge' (Reference Court) shall be deemed to be a decree and the statement of the grounds of such award, a judgment, Section 11 contains no such provision in regard to the awards by Collector. 1 5 . The question whether the Collector/Land Acquisition Officer while making an enquiry and award under the Act, acts in a judicial capacity or not, has been considered in a series of judgments. The well settled principles are : (a) Any inquiry as to the market value of property and determination of the amount of compensation by the Collector, is administrative and not judicial in nature, even though the Collector may have power to summon and enforce the attendance of witnesses and production of documents. In making an award or making a reference or serving a notice, the Collector neither acts in judicial nor quasi judicial capacity but purely in an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Chauthmal. It was also their contention that on account of collusion among the successor of Chauthmal and his attorney holder, the Special Officer of the Board, and the office bearers of the society, the 15% developed land was allotted to persons who were not entitled to allotment, thereby defrauding the society and the Board. The respondents 1 and 2 approached the High Court pointing out that neither the society nor the members of the society, at any point of time had made any claim in regard to the 13 bighas in Khasra No. 9, which belonged to first respondent, that the entire complaint related to 20 bighas agreed to be sold by Chauthmal to the society, and that as there was no complaint of irregularity or commission of any offence in regard to the 13 bighas of land belonging to the first respondent, there was no question of involvement of first respondent or his attorney holder (second respondent) in any offence of cheating or forgery. It is not in dispute that even the suit filed by the society, that was said to be pending at the relevant time was against Chauthmal in regard to the 20 bighas in Khasra No. 9 and that no suit or proceeding was pending in regard to the remaining ..... X X X X Extracts X X X X X X X X Extracts X X X X
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