- (1.)These two Appeals have been filed by the State of Chhattisgarh against the impugned awards made by the learned Additional District Judge, Sakti, District Janjgir Champa under Sec. 18 of the Land Acquisition Act, 1894 (for short 'the Act, 1894'). Since both the awards involve common question of facts and law and the acquisition was made under the Act, 1894 for the public purpose, they are being decided by the common judgment and order.
(2.)At the outset, learned State Counsel would submit that the similar issue came before this Court in the bunch of Appeals viz. FAM No.82/2010 and Other connected matters, which was decided on 8/3/2011. In the present case, reference has been made in the year 2004, but the same was received by the Court of Additional District Judge, Sakti in the year 2009. He submits that from the record, it is explicit that the Additional District Judge has not made proper enquiry as to the date of receiving the reference etc., as the same has material bearing on the question of limitation under Sec. 18 (2) of the Act, 1894. Lastly, he submits that in the aforesaid bunch of Appeals, the matter has been remitted back and it was materially observed at paras-9 and 10 which read thus:-
"9. In view of the above mentioned facts and circumstances we are of the opinion that this is a serious matter and the then learned Additional District Judge, Sakti was also liable to discharge his judicial functions properly determining the facts and issues and also he should have seen as to whether the reference was made within time or in fact the same was time barred.

10. We are also of the opinion that in the present circumstances it would be appropriate if an enquiry and investigation should be conducted by the Crime Branch Criminal Investigation Department (CB CID) to ascertain the truth and also to find out whether there was any conspiracy of the officers of the Land Acquisition Department and others, as if the reference was not made within time and was received showing it within time after quite number of years, the same has been referred to the Court, it will be not only a criminal offence but a huge amount is liable to be involved and becomes the liability of the State to pay from the State exchequer. For this purpose a copy of the order shall be sent to the Director General of Police, State of Chhattisgarh to depute a team to enquire/investigate the matter and submit report within three months to the State Government for taking appropriate action. Further, a copy of the report shall be furnished to the Registrar General of this Court, for placing before this bench."
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(3.)In view of the aforesaid, the matter may be remitted back to the concerned Court for decision afresh, after setting aside the awards and the concerned Court may also be directed to take the security etc for the disbursed amount.