KRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is against an order refusing to restore a Land Acquisition Reference which was dismissed for default. Pursuant to an Award passed by a Land Acquisition Officer for the land acquired for public purpose, the appellant who is the land owner filed an application under S.20 of the Kerala Land Acquisition Act (for short 'the Act') requiring the said officer to refer the matter to the civil court for determination of the land value. The sub court to which the reference was made issued notice to the appellant. He appeared and filed a written statement in which he set out his claim for enhancing land value. A commission was issued at the instance of the appellant and the Commissioner filed a report after inspecting the land which was acquired. On 3-10-1983 learned Sub Judge dismissed the reference for default, as the appellant was absent on that day. Subsequently, on 26-10-1983 the present application was filed for restoration of the reference. That was dismissed by the impugned order.

(2.) The only question to be considered in the appeal is whether the sub court has jurisdiction to dismiss for default a reference made under S.21 of the Act. Learned Government Pleader contended that inasmuch as the provisions of the Code of Civil Procedure (for short 'the Code') are made applicable to the proceedings before the court a dismissal for default is permissible. No doubt, S.59 of the Act says "save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908 shall apply to all proceedings before the court under this Act". It is clear that the provisions of the Code can be applied only when there is no provision in the Act which is inconsistent therewith.

(3.) A reference is made to the civil court "for the determination of the court" of the question which either relates to the measurement of the land or the amount of compensation or the person to whom it is payable or the apportionment of the compensation and the person interested. In making the reference, the Land Acquisition Officer shall state in writing for the information of the Court those matters specified in S.21 of the Act. On such reference being made the court shall issue a notice to be served on the person who applied for reference and also on other persons interested in the objection. S.22 says that the notice shall specify the day on which "the court will proceed to determine the objection". S.25 says that in determining the amount of compensation to be awarded for the land, the court shall take into consideration the matters enumerated thereunder. S.28(1) says that every award shall be in writing signed by the Judge and shall specify the amount awarded under clause first of sub-s. (1) of S.25 and also the amounts, if any, respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.