- (1.) This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 28th Sept. 2001 passed by a learned single Judge of this Court in C. W. J. C. No. 597 of 2000R whereby, after allowing the Writ petition filed by the respondent-writ petitioners, the learned single Judge issued a mandamus to the appellant-State directing it to pay compensation to the respondent-writ petitioner on account of the loss suffered by him owing to the fact that his vehicle had been destroyed.
(2.) The facts lie in a very narrow compass. The respondent-writ petitioner at the relevant time was the owner of a vehicle bearing registration No. 20G-5275. This vehicle was requisitioned by the appellant in terms of S. 160 of the Representation of People Act, 1951 at Khelari in the district of Ranchi because it was required for the Parliamentary Elections of 1999. On 16th Sept. 1999, this vehicle was sent to Palamau and was in the custody and possession of the Deputy Commissioner-cum-Returning Officer, Palamau. On 18-9-1999 while the vehicle was on election duty and admittedly it was in the custody and possession of the appellants, because of some explosion caused by the extremists/terrorists, it was completely destroyed. Since the writ-petitioner respondent failed to receive any compensation from the appellants, he moved this Court by filing C. W. J. C. 597/2000R and as noticed, the writ application was allowed vide the judgment under challenge in this Appeal.
(3.) Section 160 of the Representation of People Act, 1951 empowers the State Government to requisition any vehicle if it appears to a State Government that in connection with an election held within the State any such vehicle is needed or is likely to be needed for the purpose of transport of ballot boxes or transport of the members of the Police force or such other like purposes. Section 161 of 1951 Act relating to the payment of compensation requires that whenever in pursuance of an order of requisition passed by the State Government, the State Government requisitions any vehicle, it shall pay to the owner thereof by way of compensation the amount which shall be determined by the State Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle. For ready reference, we reproduce hereinbelow the relevant extracts of these two Sections : The relevant extract of S. 160 reads thus :- 160. Requisition of premises, vehicles etc. for election purpose - "(1) If it appears to the State Government that in connection with an election held within the State - (a) any premises are needed or are likely to be needed for the purposes of being used as a polling Station or for the storage of ballot boxes after a poll has been taken, or (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election....................." Section 161 : Payment of compensation : "(1).......... (2) Whenever in the pursuance of S. 160 the State Government requisitions any vehicle, vessel or animal there shall be paid to the owner thereof compensation the amount of which shall be determined by the State Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal : Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine. Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement in such manner as an arbitrator appointed by the State Government in this behalf may decide." ;