M S RAMIAH Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The appellants in the above appeals were the claimants in L.A.Misc. No.612/67, 371/68 and 610/67 on the file of the Court of the Civil Judge, Bangalore District; which were references made under S.18 of the Land Acquisition Act (hereinafter called 'the Act') for determination of the amount of compensaion for the land acquired from the claimants. When the said reference came up for hearing on 3-6-1971 before the learned Civil Judge, the Counsel for the claimants sought for an adjournment of the case, which was however rejected on the ground that the cases were pending for over four years and that on earlier occasions adjournment had been granted and yet the claimants had not taken necessary steps. In the absence of evidence adduced by the claimants to show that the amount awarded be the Land Acquisition Officer in the award made by him under S.11 of the Act, is inadequate, the learned Civil Judge disposed of the reference by on order dt.3-6-1971 which reads thus :

(2.) Thereafter the claimants filed applications under Rule 9 of Order IX of the CPC for setting aside the aforesaid order. When the applications came up for hearing, it was contended on behalf of the Land Acquisition Officer that the order fell under Rule 3 of Order XVII of the CPC and the remedy of the claimants is to prefer appeals. The learned Civil Judge rejected that contention and held that the Order was made under R. 3. He however, held that there was no sufficient cause for non-appearance of the claimants when the cases came up for hearing and therefore dismissed the applications. Aggrieved by the said order, the claimants have preferred the above appeals.

(3.) The cases before the Civil Judge are references made by the Land Acquistition Officer under S.18 of the Act for determination of the amount of compensaion payable for the lands acquired as the claimants did not accept the awards made under S.11 of the Act. An award made under S.11 by the Land Acquisition Officer is in the nature of an offer to the claimants and therefore, unless the award is accepted by the claimants the same is not binding. Where the claimant does not accept the award and seeks a reference under S.18, the Land Acquisition Officer is bound to make a reference to the Court for determination of the amount of compensation for the lands acquired. When such a reference is made to the Court, it is the duty of the Court under the Act to determine the amount of compensation payable for the land or lands acquired. The Court has no jurisdiction to refuse to determine the amount of compensation even where the claimant remains absent or where he is present, fails to adduce evidence. The award of the Court in a reference under S.18 must be in the form provided under S.26 of the Act. Sec.26 reads thus :