EXECUTIVE ENGINEER CHHATTISGARH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that the reference Court by order dated 30. 01. 2009 (Annexure P/1) has enhanced the compensation without affording an opportunity of hearing to the beneficiary i. e. the petitioner. The Constitution Bench of the hon'ble Supreme Court in U. P. Awas Evam Vikas Parishad v. Gyan Devi (Dead) by L. Rs. and another in a similar case where without giving notice to the beneficiary, the reference court has considered the enhancement of the compensation, observed in para 21 as under:

(2.) SECTION 50 (2) of the Land Acquisition Act, 1894 (for short `the Act, 1894') clearly provides that in any proceedings held before a Collector or Court in such cases the local authority or Company concerned may appear and adduce evidence for the purpose of determining the amount of compensation. Admittedly, in the present case, the petitioner is the beneficiary as the land has been acquired under the provisions of the Act, 1894 by the government for the petitioner. The reference court, without issuing notice to the beneficiary i. e. the petitioner and affording an opportunity to appear and adduce evidence, has enhanced the compensation amount fixed by the Land Acquisition Officer, many times.

(3.) MS. Singhai, learned counsel appearing for the respondent No. 3 and 4 submits in fairness that it is a fact that the compensation amount has been enhanced without affording an opportunity of hearing or to appear or adduce evidence to the beneficiary i. e. the petitioner.