# UNION OF INDIA v. PRAFULLA KUMAR SAMAL & ANR

- **Citation:** [1979] 2 S.C.R. 229
- **Court:** Supreme Court of India
- **Decided:** 1978-11-06
- **Case number:** Criminal Appeal No. 194 of 1977
- **Bench:** S. Murtaza Fazal Ali, D. A. Desai
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/union-of-india-v-prafulla-kumar-samal-anr-7506
- **Pages:** 12

## Headnote

Code of Criminal Procedure, 1913, S. 227-0rder of discharge by a Special
Judge, scope and ambit.
A
B
The second respondent, a Land Acquisition Officer, allegedly, by abusing
his official position, concealed the fact that the land which was the subject c·
matter of acquisition was reaily Khasmahal land belonging to the Government
and having made it appear that the first respondent was the undisputed owner
of the same, aided and abetted him in getting a huge sum of money as compensation.
The charge-sheet was submitted before the Special Judge, and the prosecution requested him to frame a charge against the respondents under ss. 5 (2)
))
and 5 ( 1) ( d) of the Prevention of Corruption Act read with s. 120B IPC. The
Special Judge, Puri went through the charge-sheet, statements made
by the
witnesses before the police and other documents, and coming to the conclusion that there was no sufficient ground for framing a charge against the respondents, discharged them under s. 227 Cr.P.C. ,1973. after giving cogent reasons
for passing the order of discharge. In revision the High Court upheld the
Special Judge's order of discharge.
E.
Dismissing the appeal by special leave, the CourtHELD :
l. The considerations governing the interpretation of s. 227 of
Cr. P.C. apply mutatis mutandis to the proceedings under the Prevention of Corruption Act, &fter the charge-sheet is submitted before the Special Judge.
At
the stage of s. 227, the Judge has merely to sift the evidence in order to find
out whether or not, there is sufficient ground for proceeding against the accused.
The sufficiency of ground would take within its fold, the nature of the evidence
recorded by the police, or the documents produced before the court, which exfacie disclose that there are suspicious circumstances against the accused so as to
frame a charge against him. [23 !E, 233A-B]
State of Bihar v. Ramesh Singh, [197811 SCR· 257; K. P, Raghavan & Anr.
F
v. M. H. Abbas and Anr .. AIR 1967 SC 740; Almohan Das & Ors. v. State of
G
West Bengal, [1969] 2 SCR 520; applied.
2. What has been acquired is merely the Raiyyati or the lessee's 'interest, and
a.'il the proprietory interest vests in the Government itself, there is no question
of either acquiring or claiming compensation for the interest of the Govern~
ment. [239B]
Collector of Bombay v. Nusserwanji Rattan;i Mistri & Ors., AIR 1955 SC
H
298; and The Special Land Acquisition OD!cer, Hosanagar v. K. S. Ramachandra
Rao & Ors .. AIR 1972 SC 22~4; applied.
A
23 0
SUPREME COURT REPORTS
[1979] 2 s.c.R.

## Text

• •
229
UNION OF INDIA
v.
PRAFULLA KUMAR SAMAL & ANR.
November 6, 1978
[S. MURTAZA FAZAL ALI AND D. A. DESAI, JJ.]
Code of Criminal Procedure, 1913, S. 227-0rder of discharge by a Special
Judge, scope and ambit.
A
B
The second respondent, a Land Acquisition Officer, allegedly, by abusing
his official position, concealed the fact that the land which was the subject c·
matter of acquisition was reaily Khasmahal land belonging to the Government
and having made it appear that the first respondent was the undisputed owner
of the same, aided and abetted him in getting a huge sum of money as compensation.
The charge-sheet was submitted before the Special Judge, and the prosecution requested him to frame a charge against the respondents under ss. 5 (2)
))
and 5 ( 1) ( d) of the Prevention of Corruption Act read with s. 120B IPC. The
Special Judge, Puri went through the charge-sheet, statements made
by the
witnesses before the police and other documents, and coming to the conclusion that there was no sufficient ground for framing a charge against the respondents, discharged them under s. 227 Cr.P.C. ,1973. after giving cogent reasons
for passing the order of discharge. In revision the High Court upheld the
Special Judge's order of discharge.
E.
Dismissing the appeal by special leave, the CourtHELD :
l. The considerations governing the interpretation of s. 227 of
Cr. P.C. apply mutatis mutandis to the proceedings under the Prevention of Corruption Act, &fter the charge-sheet is submitted before the Special Judge.
At
the stage of s. 227, the Judge has merely to sift the evidence in order to find
out whether or not, there is sufficient ground for proceeding against the accused.
The sufficiency of ground would take within its fold, the nature of the evidence
recorded by the police, or the documents produced before the court, which exfacie disclose that there are suspicious circumstances against the accused so as to
frame a charge against him. [23 !E, 233A-B]
State of Bihar v. Ramesh Singh, [197811 SCR· 257; K. P, Raghavan & Anr.
F
v. M. H. Abbas and Anr .. AIR 1967 SC 740; Almohan Das & Ors. v. State of
G
West Bengal, [1969] 2 SCR 520; applied.
2. What has been acquired is merely the Raiyyati or the lessee's 'interest, and
a.'il the proprietory interest vests in the Government itself, there is no question
of either acquiring or claiming compensation for the interest of the Govern~
ment. [239B]
Collector of Bombay v. Nusserwanji Rattan;i Mistri & Ors., AIR 1955 SC
H
298; and The Special Land Acquisition OD!cer, Hosanagar v. K. S. Ramachandra
Rao & Ors .. AIR 1972 SC 22~4; applied.
A
23 0
SUPREME COURT REPORTS
[1979] 2 s.c.R.
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 194
of 1977.
(Appeal from the Judgment and Order dated 30-8-76 of the Orissa
High Court in Criminal Revision No. 88/76).
B
Soli !. Sorabjee, Addi. Sol. Gen. and E. C. Agarwala and Girish
Chandra for the appellant.
'C
Gobinda Mukhoty and N. R. Chowdhary for the respondent.
The Judgment of the Court was delivered by
FAZAL ALI, J. This appeal is direeted against the judgment dated
30th August, 1976 of the High Court of Orissa by which the High
Court ha& upheld the order of the Special Judge, Puri discharging respondents No. 1 and 2.
The facts of the case lie within a narrow compass and centre round
an alleged conspiracy said to have been entered into bctwe-~n responD
dents No. 1 arn;! 2 in order to commit offence~ under sections 5(2)
and 5(1)(d) of the Prevention of Corruption Act (hereinafter referred
to as the Act) read with section 120-B I.P.C. The main charge against
the respondents was that between 19-2-1972 to 30-3-1972 the respondents entered into an agreement for the purpose of obtaining pecuniaiy advanta~ for respondent No. 1 P. K. Sama! and in pursuance
E
of the said conspiracy the second respondent Debi Prasad Jena, who
was the Land Acquisition Officer aided and abetted the first respondent in getting a huge sum of momy for a land acquired by the Government which in fact belonged to the Government itself and respondent
No. 1 was a lessee thereof. It is averred in the charge-sheet that
F respondent No. 1 by abusing his official position concealed the fact
tha! the land which was the subject matter of acquisit:on and was
situated in Cuttack Cantonment was really Khasmabal land belonging
to the Government and having made it appear that he wa' the undisputed owner of the same, got a compensation of Rs. 4,18,642.55. The
charge-sheet contains a number of circumstances from which the inferG ence of the conspiracy is sought to be drawn by the police. After the
charge-sheet was submitted before the Special Judge, the prosecution
requested him to frame a charge against the respondents. The Special
Judge, Puri after having gone through the charge-sheet and statements
made by the witnesses before the police as also other documents came
to !be conclusion that there was no sufficient ground for framing a
H
charge against the respondents and he accordingly discharged them
under section 227 of the Code of Criminal Procedure, 1973 (hereinafter called the Code). The Sr.cial Judge has given cogent reasons
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UNION v. P. K. SAMAL (Fazal Ali, J.)
231
for passing the order of discharge.
The appellant went up to the High
A
Court in revision aganist the order of the Special Judge refusing to
frame the charge, but the High Court dismissed the revision petition
filed by the appellant and maintained th~ order of discharge passed
by the Special Judge.
Thereafter the appellant moved this Court by
an application for special leave which having been granted to the appellant, the appeal is now set for hearing before us.
B
The short point which arises for determination in this case is the
scope and ambit of an order of discharge to be passed. by a Special
Judge under section 227 of the Code. The appeal does not raise any
new qtwstion of law and there have been several authorities of the
High Courts as also of this Court on the various aspects and grounds
C
on wi1ich an accused person can be discharged, but as section 227
oi the Code is a new s•xtion and at the time when the application for
special leave was filed, there was no diiect decision of this Court on
the interpretation of section 227 of the Code, the matkr was theught
fit to be given due consideration by this Court.
We might, state, to begin with, that so far as the present case
D
( offonces committed under the Prevention of Corruption Act) is concerned it is regulated by the procedure laid down by the Criminal Law
Amendment Act under which the police has to submit u charge-sheet
dhctly to the Special Judge and the question of commitment to the
Court of Session does not arise, but the Sessions Judge has nevertheE
less to follow the procedure prescribed for trial of sessions cases and
the wmideration governing the interpretation of section 227 of the
Code apply mutati~ mutandis to these proceedings after the charge-sheet
--,
is submitted before the Special Judg•.
• •
Before interpreting and analysing the provisions of section 227 of
F
the Code so far as pure sessions trials are concerned, two important
facts may be mentioned.
In the first place, the Code has introduced
substantial and far-read1ing changes in the Code of 1898 as amended
in 1955 in order to cut out delays and simplify the procedure, has
dispensed with the procedure for commitment enquiries referred to in
se€tion 206 to 213 of the Code, of 1898 and has made commitment
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more · or less a legal formality.
Under the previous Code of 1898 the
Magistrate was enjoined to take evidence of the prosecution witnesses
after giving opportunity to the accused to cross-examine the witnesses
2nd was then required to hear the parties and to commit the accused
to the Court of Session unless he chose to act under section 209 and
found that there was no sufficient ground for committing the accused
H
person for trial. Under the Code the Committing Magistrate bas been
authorised to peruse the evidence and the documents priduced by the
232
SUPREME COURT REPORTS
(1979] 2 S.C.R.
A
police and commit the case straightaway to the Sessions Court if the
case is one which is exclusively triable by the Sessions Court. Thus,
it would appear that the legislature while dispensing with the procedure
for commitment enquiry IJ1.!der the Code of 1898 has conferred a duill
responsibility on the Trial Judge who has first to examine the case on
B
the basis of the statement of witnesses recorded by tho police and the
documents filed with a view to find out whether a prima facie case for
trial has been made out and then if such a case is made out to proceed
to try the same. In our view the legislature has adopted this cC'Ufse
in order to avoid frivolous prosecutions and prevent the accused from
being tried of an offence on materials which do not furnish a reasonable
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probability of conviction. In the instant case, as the offences alleged
to have been committed by the respondents fall within the provision&
of the Act, the Special Judge has been substituted for the Sessions
Judge, the procedure of the Sessions Court having Cr.en applied fully
to the trial of such cases.
Thus, it is manifest that the accused has
got only one opportunity and that too before the Sessions Judge for
D
showing that no case for trial had been made out. This was obviously
done to expedite the disposal of the criminal cases.
Secondly, it would appear that under section 209 of the Code of
1898 the question of discharge was to be considered by a Magistrate.
This power has now been entrusted to a senior Judge, namely, the
_ E
Sessions Judge who is to conduct the trial himself and who has to
decide before commencing the trial as to whether or not charges should
be framed in a particular case against the respondents. The discretinn, therefore, is to be exercised by a senior and more experienced
Judge so as to exclude any abuse of power. In this view of the matter,
it is manifest that if the Sessions Judge exercises his discretion in disF
charging the accused for reasons recorded by him, his discretion should
not normally be disturbed by the High Court or by this Court.
Section 22 7 of the Code runs thus :-
"If, upon consideration of the record of the case and the
documents submitted therewith, and after hearing the subG
missions of the accused and the prosecution in this behalf,
the Judge considers that there is not sufficient ground for
proceoding against the accused, he shall discharge the accused
and record his reasons for so doing."
The words 'not sufficient ground for proceeding against the accm;ed'
H
clearly show that the Judge is not a mere post-office to frame the charge
at the behest of the prosecution, but has to exercise his judicial mind
to the facts of the case in order to determine whether a case for trial
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UNION V. P. K. SAMAL (Fazal Ali, J.)
233
has been made out by the prosecution. In assessing this fact, it is not .A
necessary for the court to enter into the pros and cons of the matter
or into a weighing and balancing of evidence and probabilities which
is r~ally his function after the trial starts. At the stage of section 227,
the Judge ha~ merely to sift the evidence in order to find out whether
or not there is sufficient ground for proceeding against the
accused.
The suf!icirocy of ground would take within its fold the nature of the
evidence recorded by th•e police or the documents proauced before
the court which ex-facie disclose that there are suspic10us circumstances against the accused so as to frame a charge against him.
The scope of section 227 of the Code was considered by a recemt
decision of this Court in the case of State of Bihar v. Ramesh Singh(')
\1/here Untwalia, J. speaking for the Court ob&erved as follows >-
"Strong suspicion against the accused, if the
matter
1emains in the region of suspicion, cannot take the place of
proof of his guilt at the conclusion of the trial.
But at the
'initial stage if there is a strong suspicion which leads the
Court to think that there is ground for presuming that the
accused has committed an offence then it is not open to the
Court to say that there is no sufficient ground for proceeding against the accused. The presumption of the guilt of the
accused which is to be drawn at the initial stage is not in
the sense of the law governing the trial of criminal cases in
France where the accused is presumed to be guilty unless
the contrary is proved. But it is only for the
purpo~e of
deciding prima facie whether the Court should proceed with
the trial or not. If the evidence which the Prosecutor proposes to adduce to prove the guilt of the accused even if fully
accepted before it is challenged in cross-examination or rebutted by the defence evidence; if any, cannot show that the
accused committed the offence, then there will be no sufficient
ground for proceeding with the trial".
This Court has thus held that whereas strong suspicion may not take
the piaoc of the proof at the trial stage, yet it may be sufficient for the
satisfaction of the Sessions Judge in order to frame a charge against
the nccused.
Even nnder the Code of I 898 this Court has held that
a committing Magistrate had ample powers to weigh th-c evidence for
the iimited purpose of finding out whether or not a case of commitment to the Sessions Judge has been made out.
(!) [1978] I S.C.R. 257.
16-817 SCI/78
B
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II
A
B
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SUPREME COURT REPORTS
[1979] 2 S.C.R.
In the case of K. P. Raghavan and Anr. v.
M. H.
Abba.f and
Anr.(') this Court observed as follows:-
"No doubt a Magistrate enquiring into a case under S.
209, Cr. P.C. is not to act as a mere Post Office and has to
come to a conclusion whether the case before him is fit for
commitment of the accused to the Court of Session".
To the same effect is the later decision of this Court in the case of
Almohan Das and Ors. v. State of West Bengal(') where Shah,
J.
speaking for the Court observed as follows: -
"A Magistrate holding an enquiry is not intended to act
merely as a recording machine.
He is entitled lo sift and
weigh the materials on record, but only for seeing whether
there is sufficient evidence for commitment; and not whether
there is sufficient evidence for conviction. If there is
no
prima facie evidence or the evidence is totally unworthy of
credit; it is the duty to discharge the accused : if there is some
evidence on which a conviction may reasonably be based, he
must commit the case".
In the aforesaid case this Court was considering the scope and ambit
of "''ction 209 of the Code of 1898.
E
· Thus, on a consideration of the authorities mentioned abov~. the
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following principles emerge :
(I) That the Judge while considering the question of framing
the charges und~r section 227 of the Cq& has the undoubted power to sift and woigh the .:vidence for the
limited purpose of finding out whether or not a prima
facie case against the accused has been made out :
(2) Wher~ the materials placed before the
Court
disclose
grave suspicion against the accused which has not been
properly .explained the Court will bo fu;Jy justified in
framing a charge and proceeding with the trial
(3) The test to determine a prima facie case would naturally
depend upon tho facts of each case and it is difficult to
lay down a rule of universal application.
By and larg<>
however if two views are equally possible and the Judge
is satisfied that the evidence produced before him while
(!) A.l.R. 1967 S.C. 740.
(2) [1969] 2 S.C.R. 520.
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UNION v. P. K. SAMAL (Fazal Ali, J.)
235
giving rise to some suspicion but not grave suspicion against
Aj
the accused, he will be fully within his right to discharge
the accused .
( 4) That in exercising his jurisdiction under section 227 of
the Code the Judge which under the present Code is a
senior and exp~rienced Judge cannot act merely as a Post
B
Office or a mouth-piece of the prosecution, but has to consider the broad probabilities of the case, the total effect
of the evidence and the documents produced before the
Court, any basic infirmities appearing in the case and so
on.
This however do,s not mean that the Judge should
make a roving enquiry into the pros and cons of the matter
G
and weigh the evidence as if he was conducting a trial.
We shall now apply the principles enunciated above to the present
ease in order to find out whether or not the courts below were legally
justified in discharging the respondents.
Ri~pondent No. 1 was a Joint Secretary in the Ministry of Information and Broadcasting from April, 1966 to January, 1969. Later
he worked as Joint Secretary in the Ministry of Foreign Trade till
12-11-1971.
Thereafter, respondent No. I was working as Joint
Secretary, Ministry of Education and Social Welfare.
The second
xespundrnt worked as Land Acquisition Officer in. the Collectorate,
Orissa from February 1972 to 18th August, 1973.
In the year 1969 the All-India Radio authorities were desirous
D
E
of bavmg a piece of land for construction of quarters for their staff
posted at Cuttack. In this connection, the said authorities approached
respondent No. 1 who had a land along with structure in the CantonF
men! at Cuttack. As the All-India Radio authorities found this land
suitatlc, they approached respondent No. 1 through his mother for
~clling the land to them by private negotiation. As this did not mab~
rialise, the All-India Radio authorities moved the Collector of Cnttack
1o a~sess the price of the land and get it acquired. Accordingly, the
Tehsildar of the area directed the Revenue Officer, Cuttack to fix the
G
valuation of the land of respondent No. I.
Th~ Revenue Officer
reported back that the land belonged to respondent No. 1 and was his
private land and its value would be fixed at Rs. 3000 per guntha .
It is common ground that the land in question was situated in Cuttack
Cantomnent and was a Khasmahal land which was first leased out to
<me Mr. Boument as far back as 1-9-1943 for a period of 30 years.
H
The lease was given for building purpeses.
In 1954 Mrs. Boument
who inherited the property after her husband's death transferred the
'A
236
SUPREME COURT REPORU
[1979] 2 S.C.R.
land to respondent No. l with the consent of the Khasmahai authorities.
When respol'ldent No. 1 came to know that the land in question was
required by the All-India Radio authorities, he Mote a letter to Mr.
A S. Gill on 28th October, 1970 suggesting that the land may be
acquiNd but price fixed by mutual consent.
It may be pertinent to
B mention here that in this !etrer a copy of which being Ex. D-4 (12) is
to be found at page 86 of the paper-book, respondent No. 1 never
concealed the fact that the land really belonged to the Government.
In this connection, respondent No. 1 wrote thus :-
[C
"I have represented to you against the revenue authorities
quoting a higher price for similar Government land more adversely situated and a lower price for my land despite ils
better strategic location".
We have mentioned this fact because this forms the very pivot of
the ca;e of the appellant in order. to assail the judgment of the courts
telow. A perusal of this letter clearly shows that respondent No. 1
D
made no attempt to conceal that the land in question was a Government land which was leased out to his vendor. A copy o[ the original
agreement which also has been filed shows that under the terms of the
lease, the same is entitled to be renewed automatically at the option
of the Jessee and unless the Jessee violates the conditions of the lease,
there is no possibility of the lease being resumed. As it is, the lease
E
had been continuing from the year 1943 and there was no possibility
or us not being renewed on 1-9-1973 when the period expired.
l~
these circumstances, therefore, it cannot be said that the letter written
by responden No. 1 referred to above was an evidence of a criminal
intention on the part of respondent No. 1 to grab the huge compenMLtion by practising fraud on the Government. Respondent No. 1 was
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a high officer of the Government and was a lessee of the Government,
a fact which he never concealed and if he was able to get a good
customer for purchasing his land or acquiring the same, there was n0
harm Jn writing to the concerned authority to fix the ro~r valuation
and take the land. There was no question of any concealment or malG
practice committed by respondent No. 1.
Apart from this, the contention of the appellant that the fact that
the land being Khasmahal land belonging to the Government was deliberately suppressed by the respondents is completely falsified by the
circum,tances discussed hereinafrer :
H
The land in question was situated in a Cantonment area
and it is not disputed that all lands in the Cantonment area
were Khasmahal Lands belonging to the Government.
•
UNION v. P. K. SAMAL (Fazal Ali, J.)
237
1he High Court in this connection has observed as follows :
· A
"Government authorities admit that the land in question
was known to be Khasmahal land from the very inception .
This, must lead to an inference that the authorities knew that
file interest of the opposite party No. 1 in the, land was that
of a lessee and the State Government was the proprietor".
The High Court has further observed that a number of w1tne>ses who
were examinul by the police had stated that it was common knowledse
that all khasmahal lands in the Cantonment area in Cuttack were
Gowrnment lands.
Relying on the statement of Mr. T. C. Vijayasekharan, Collector, Cuttack, the High Court observed as follows :-
''Shri Vijayas•"kharan who has admittedly played an important role in the land acquisition proceeding has said that
it is a' matter of common knowledge that all khasmahal lands
in Cantonment area at Cuttack are Government lands. He
has further categoricaJy stated that Shri P. M. Samantray
8
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did not put undue pv"ssure of any kind".
D
Furthermore, it would appear that Mr. B. C. Mohanty, Land
Acquisition Officer submitted a report about the land in question on
15th February, 1971 in which he had clearly mentioned that the land
in question wa. Government land and that respondent No. 1 was a
Pattidar in respect of the land as Bhown in the record. Thus, one of E
the important premises on the basis of which the charge was sought to
be framed has rightly been found by the High Court not to exist at
:..
all.
The records of the Government showed the nature of the land.
' ..
Respondent No. 1 at no time represented to the All-India Radio
authorities or the Government that the land was his private one and
the records of the Government clearly went to show that the land was
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a Government land. In these circumstances, therefore, it cannot be
said that respondent No. 1 acted illegally in agreeing to the land being
acqurred by the Government.
Another important circumstance relied on by the appellant was the
great rapidity with which the land acquisition proceedings started and
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ended clearly shows that the respondents had joined hands to get the
lands acquired and the compensation paid to respondent No. 1. In
this connection, reliance was placed on the fact that the copies of the
records of rights were prepared on 30th March, 1972 in which the
land was no doubt shown as having been owned by the State. Bhujarat
report was also prepared on the same date. Respondent No. 1 preH
rented his copy of the deed of transfer also on the same date and respondent No. 2 made the award for Rs. 4,18,642.55 also on the same
238
SUPREME COURT REPORTS
(1979] 2 S.C.R.
·A .date. The entire amount was disbursed also on the same date and
possession also was handed over on the same date. Prima-facie, it
would appear that the Officer acted in great hurry perhaps at the instance of respondent No. 1. These circumstances are clearly explainable and cannot be said to exclude every reasonable hypothesis but
B the guilt of respondent No. 1. Admittedly, the All-India Radio authorities were in a great hurry to get the land acquired and take possession of the same. As respondent No.
I was a high officer of the
I.AS. cadre there may havle been a natural anxiety on the part of the
small officers posted in the district of Cuttack to oblige respondent
No. 1 by completing the proceedings as early as possible and meeting
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the needs of the All-India Radio.
It would, however, appear that once notices under section 9 (I)
and 10(1) of the Land Acquisition Act were issned and the objection
filed by the app~llant was withdrawn, because there was no one else
in the field, there was no impediment in the way of acqruring the land
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and tal<lng possession from respondent No. 1. In fact, it would appear
as pointed out by the High Court that as far back as 22nd February,
1972 th·~ Land Acquisition Officer who was a person other than the
second respondent had sent a letter to the Government with the counter
signature of the Collector for sanctioning the estimate of acquisition
of 2 acres of land belonging to respondent No. 1.
Later, however,
E the area of the land was reduced from 2 acres to 1.764 acres and
revised estimates as desired by the Revenue Department were sent on
7-3-1972. This estimate amounted to Rs. 4,18,642.55 and was sent
•
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through the AD.M's letter on 8-3-1972. The Home Department by
... ~
their letter dated 11-3-1972 sanctioned the aforesaid estimate. ThereF
after, the Government indicated to the Collector that an .award might
f--·
be passed for acquiring 1.764 acres of land.
These facts apart from
negativing the allegations of criminal conduct against the respondents
demonstrably prove the untruth of the circumstance relied upon in the
cha:·ge-sheet, namely, that unless the respondent No. l and 2 acted in
concert and conspiracy with each other, respondent No. I could not
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hav~ known the exact figure of the compensation to be awarded to
him.
In this connection, reliance was p:aced on a letter written by
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respondent No. I to the Vigilance Officer, L. S. Darbari on 15th March,
1972 where Im had mentioned that as Karla of the H.U.F. he would
be getting a compensation of Rs. 4,18,642.55 which 1s to be paid to
.. ,
him on the 10th March, 1972 and it was argued that unless the two
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respondents were in league with each other how could respondent No.
1 get these details. We are, however, unable to agree with this contention.
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UNION v. P. K. SAMAL (Fazal Ali, !.)
239
We have already merrtioned that a fresh estimate for 1.764 acres
was prepared and the total compensation was Rs. 4,18,642.55 as only
the Raiyyati or the lessee's interest was proposed to be acquired and
this letter was sent to the Government for sanction and the estimate
was sanctioned on 11-3-1972. It was contended that no notice was
given to the Khai;mahal department, so that the Government could
claim compensation of the proprietory irrrerest. It is obvious that what
has been acquired in the present case is merely the Raiyyati or the
lessee's interest and as the proprietory interest vests in the Government itself, there is no question of either acquiring or claiming compensation for the interest of the Government. In the case of Collector
of Bombay v. Nusserwanji Rattanji Mistri &
Ors.,(')
this Court
observed as follows :-
"If the Government has itself an interest in the land, it
has only to acquire the other interests outstanding therein, so
that it might be in a position to pass it on absolutely for
public user . . . . . . . . . . . . . . . . . . When Govermnent possesses an interest in land which is the subject of acquisition
under the Act, that interest is itself outside such acquisition,
because there can be no question of Government acquiring
what is its own. An investigation into the nature and value
of that interest will no doubt be necessary for determining
the compensation payable for the interest outstandmg in the
claimants, but that would not make it the subject of acquisition".
To the same effect is a later decision of this Court hi the case of
The Special Land Acquisition Officer, Hosanagar
v.
K. S.
Ramachandra Rao & Ors.(') where this Court observed as follows :-
"Mr. M. Veerappa, the learned courusel for the State of
Mysore, contends that the Land Acquisition Officer had not
assessed the compensation payable for the rights of the respondents in the land acquired ............ We have gone
through the Award made by the Land Acquisition Ofticer.
The Land Acquisition Officer appears to have valued the
rights of the respondents in the lands acquired. Whether the
valuation made by him is correct or not carmot be gone into
these proceedings."
As the appellant was naturally interested in finalising the deal as
quickly as possible, there could be no difficulty in finding out the csti-
(I) AIR 1955 S.C. 298.
(2) AIR 1972 S.C. 2224.
B
D
E
F
G
H
A
B
c
240
SUPREME COURT REPORTS
[1979] 2 S.C.R.
mates which had been sanctiOll'W a week before respondent 11/o. 1 wrote
lihe letter to the Vigilance Department. This fact prOVQ!l the bona-fide
rJti1er than any wrongful conduct on the part of respondent N~. 1
"nich may lead to an adverne inference being drawn agJinst him.
Finelly, it wall argued that what was acquired by the Government
was merely the lessee's interest, but the respondent No. 1 a.ppears to
have got compt11sation as the owner.
This is factually incorrect.
We
have already referred to the circumstances which clearly show that the
Government was fully aware that it was only the lessee'•
interellt
which wa• being acquired and even the fresh estimate for R•. 4,18,642.
55, which was •ent to the Government was shown as repr~enting the
Raiyyoli intereot.
Mr. Agarwala appearing for the respondents fairly
oonccded that having regard to the nature, characrer aud situation of
the land, it eould not be said that the amount of compensat10n awarded
did not represent the marke'. value of the lessee's interest of the land.
On the other hand, in the counter-affidavit at page 87 of the paper
D
bcok, it has been alleged that 16 sale-deeds executed during the year
1970 and 5 sale-deeds executed during the year 197i pertaining to
the village in question were acquired at the rates varying from Rs.
42,165 to 750,000.
The High Court has also pointed out that the
records before the Trial Judge show that the Collector Viiayasekharan
had \·alued the land at the rate of Rs. 1. 70 lakhs per acre as far back
E
as 3-2-1970 and if two years later the valuation was raised to Rs. 2
lakhs it camot be said that the land was in any way over-valued.
F
G
H
Lastly, there does not app~ar to be any legal evidence to show
any meeling of mind between respondent• No. 1 and 2 at any time.
Although the Collector at the time of the acquisition was a distant
relation of respondent No. 1 he had himself slashed down the rate of
compensation recommended by the Revenue Officer frnm Rs. 2,10,000
to Rs. 2,00,000 and it was never suggested by the prosecution that
the Collector was in any way a party to the aforesaid conspiracy.
For these reasons, therefore, we find ourselves in complete agreement with the view taken by the High Court that there was no sufficient
ground for trying the accused in the instant case. Moreover, this Court
would be mo•t reluctant to interfere with concurrent findings of the
two courts in the abllence of any •pecial circumstances.
For the reasons given above, the jndgmsnt of the High Court is
alfumed and the appeal is dismissed.
M.R.
Appeal dismissed.