Saraswati Mital and Others vs Special Land Acquisition Officer and Another

A.N. Varma, J.—The various Petitioners herein filed an application before the Special Land Acquisition Officer for reference u/s 18 of the Land Acquisition Act read with Sections 55 and 64 of Avas Evam Vikas Parishad Adhiniyam. They are aggrieved by the refusal of the Special Land Acquisition to make a reference u/s 18 of the Land Acquisition Act.

In the counter affidavit filed on behalf of the Avas Evam Vikas Parishad, the Respondent No. 2 in the petition, the ground of the refusal by the Special Land Acquisition Officer to make a reference u/s 18 has been disclosed, it is urged that in the first instance the application of the Petitioner was barred by limitation, and, secondly, that the compensation was not payable to the Petitioners as they were not recorded over some of the plots in the revenue papers.

Having heard learned Counsel for the parties, we are of the opinion that neither of these two grounds can be sustained. We will take up the issue of limitation first. The undisputed facts are that the award in question was made on 22-9-86. The other fact relevant for the issue is also not in dispute. In the counter affidavit of Sri V.K. Mehrotra filed on behalf of the second Respondent, it is categorically stated that the Petitioners� application u/s 18 of the Land Acquisition Act was submitted on 17-12-86, it is difficult to see how on these facts, undisputed as they are, the application of the Petitioners could be rejected or a reference declined on the ground of limitation. The limitation prescribed for an application u/s 18 is six months from the date of the award. The issue is accordingly answered against the Respondents and it is held that the Petitioner application u/s 18 was filed within time.

This brings us to the second question. This ground is equally untenable. The ground stated in the counter affidavit for not making reference u/s 18 is that not being recorded against some of the plots in dispute, the Petitioners have no right to claim compensation.

Section 18 of the Land Acquisition Act provides that any person interested who has not accepted the award may by written application to the Collector require that the matter be referred by the Collector for the determination of the Court whether his objection be to the measurement of the land, the amount of compensation, the persons to whom it is payable or to the apportionment of the compensation amongst the persons interested. it will be immediately seen that the objections which may constitute the basis for a reference u/s 18 may even be as regards the persons to whom it is payable. The Special Land Acquisition Officer was, therefore, not competent to go into the question whether the Petitioners were or were not entitled to receive the compensation. This is an issue which the Court has to decide upon a reference u/s 18 of the Act. The Collector is only concerned with the limited question whether the objection with respect to which reference is sought u/s 18 falls within the category of objections which can be made subject matter of a reference u/s 18 of the Land Acquisition Act.

In the premise, the petition succeeds and is allowed. The Special Land Acquisition Officer, Avas Evam Vikas Parishad, Agra is directed to make a reference upon the application by the Petitioners u/s 18 and 30 of the Land Acquisition Act read with Section 55 and 64 of the Avas Evam Vikas Parishad Adhiniyam to the District Judge in accordance with law within thirty days of the date on which a certified copy of this order is submitted before the Special Land Acquisition Officer.

A copy of this order may be given to the learned Counsel by tomorrow on payment of the requisite charges.