Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s. 77 - Immunity under - If available to the Collector/Land Acquisition Officer/Special Officer making an award of compensation - Held: Not available - Only Judges acting judicially are entitled to protection under s. 77 - Collector is neither a Judge as defined under s. 19 nor does he act judicially, when discharging any of the functions under the Land Acquisition Act, 1894 - Therefore he is not entitled to the protection under s. 77 - Land Acquisition Act, 1894 - s.11(2). Code of Criminal Procedure, 1973: s.482 - Quashing of FIR - Allegation in FIR that owners/power of attorney holders made false representation to the Housing Board for allotment of pattas in collusion with the Special Officer of the Board - High Court quashed FIR on the ground that averments made in FIR did not make out prima facie case against them even if allegations were taken to be true - Held: On facts, HighCourt rightly quashed FIR against owners/power of attorney holders - However quashing of FIR in respect of Special Officer cannot be upheld - Penal Code, 1860 - ss. 4 20, 467, 468 and 471. One 'C' entered into an agreement to sell 20 bighas of land in Khasra 9 to a Society. Some lands including 31 bighas in khasra 9 were acquired for housing scheme floated by Housing Board under the Land Acquisition Notification. In the Notification, Khasra 9 was shown as government land. 'C' filed declaratory suit which was A decreed. Five persons were shown as owners of Khasra 9 in the revenue record. A scheme was floated by the State Government giving option to land owner for allotment of developed 8 land equal to 15% of acquired land in lieu of compensation for the acquired land. The land owners/Power of Attorney holders of Khasra 9 approached Board for such allotment. 'K', the successor of 'C', claimed allotment of developed land in lieu of 15 bighas of acquired land. The Society also filed an application before the Board claiming compensation in respect of 20 bighas in Khasra 9 on the basis of agreement of sale, which was rejected. The Power of Attorney holders of four owners of Khasra 9 also opted for allotment of developed land. After an inquiry, the Allotment Committee accepted the request and a settlement award was passed by the Special Officer of the Housing Board recording the agreement to allot 15% developed land in lieu of compensation in respect of 28 bighas 17 Biswas in Khasra No.9. Pattas were issued subsequently in regard to such allotted land. Thereafter, members of the Society filed a complaint 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. The appellant on behalf of the Board lodged an FIR 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, hadJraudulently obtained allotment pattas. First respondent who claimed to be the owner of 13 bighas in Khasra No.9 and respondent No. 2 who was his attorney holder, filed a petition under section 482 Cr.P.C. for quashing the FIR on the ground that the averments made in the FIR did not make out a prima facie case against them, even if the allegations in the FIR were taken to be true. High Court quashed the FIR. The questions which arose for consideration in these appeals were whether the immunity under Section 77 IPC is available to a Collector/Land Acquisition Officer/ Special Officer who makes an award, by way of settlement or otherwise, under the provisions of Land +- Acquisition Act, 1894 and whether the allegations in the FIR did not constitute an offence under sections 420, 467,468 and 471 IPC. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2009 INSC 88 |
Petitioner | Surendra Kumar Bhatia |
Respondent | Kanhaiya Lal & Ors. |
SCR | [2009] 1 S.C.R. 774 |
Judgement Date | 2009-01-30 |
Case Number | 174 |
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