UNION OF INDIA Vs. SHAUKAT RAI

JUDGEMENT

(1.) THE present appeal has been filed by the Union of India against the order dated 19/10/2006 passed by the Additional District Judge in a Reference under section 18 of the Land Acquisition Act, 1894 in respect of the Award no. 883 pertaining to the revenue estate of the village Mohd. Pur Munirka, Delhi.

(2.) THE relevant facts for the purpose of the present appeal may be noted. The land of the respondents was acquired by the Government and an award was passed in pursuance thereof and compensation was awarded. Feeling dissatisfied by the quantum of compensation awarded, a Reference under section 18 of the Land Acquisition Act was sought by the claimants and the Land Acquisition Collector made the Reference to the District judge.

(3.) THE Reference was however dismissed in default on 27/05/1976 due to non-appearance on behalf of the claimants. Upon an application dated 4/8/1980 made by the respondents herein the reference petition was restored on 6/8/87. (Copy of the order dated 6/8/87 was shown to me by the counsel for the respondent during the course of hearing of this appeal ). While restoring the Reference, the Reference court also ordered that no interest under Section 28 of the Land acquisition Act would be awarded to the claimants, in the event of their succeeding finally in getting enhanced compensation and becoming entitled to get interest, for the period from 27/05/1976 till 29/04/1986 during which the reference had remained dismissed. While deciding the Reference finally and enhancing the compensation the learned Additional District Judge, however, passed directions for payment of interest also as provided under Sections 28 and 34 of the Land Acquisition Act even for the aforesaid period of non-pendency of the Reference proceedings relying upon the judgement of Supreme court in "khazan Singh (Dead) by LRs v. UOI", AIR 2002 SC 726, wherein the supreme Court had held that a Reference made by the Land Acquisition Collector cannot be dismissed in default and it is the duty of the Court to answer the Reference even in the absence of parties.