P. CHANDRASEKARA GRAMANI Vs. THE COLLECTOR OF MADRAS

JUDGEMENT

(1.) This revision has been preferred by a claimant in land acquisition proceedings, a reference at whose instance under Sec. 18(1) of the Land Acquisition Act, I of 1894, hereinafter referred to as the Act, has been rejected by the Court in the view that the conditions laid down in Sec. 18 of the Act, had not been complied with to give jurisdiction to the Court to entertain the reference. The Petitioner herein was interested in an extent of Ac. 1 -82 of land in Kodambakkam village in the extended area of Madras acquired for the Madras City Improvement Trust. The notification under Sec. 4(1) was published on 17th September 1958 and the present Petitioner as claimant appeared at the enquiry by the Land Acquisition Officer and claimed compensation for his lands acquired at Rs. 1,200 per ground. There was no other dispute and the Land Acquisition Officer assessed the compensation at the rate of Rs. 3,600 per acre. Aggrieved by the compensation offered, the Petitioner sought a reference to Court under Sec. 18 of the Act. When the reference was sent to the Court, the learned City Civil Judge was of the view that the provisions of Sec. 18(2) were not complied with on the application for reference and the Court could not entertain the reference. On the papers being retransmitted to the Land Acquisition Officer, the Land Acquisition Officer returned the reference to the Court submitting that the matter had been referred to the Court and the Court may reject it, if the application did not satisfy the conditions laid down in Sec. 18(2) of the Act, after giving notice to the parties. When the matter came on for hearing before the Court after notice to the present Petitioner, the Court heard Counsel on both sides and in the view that the application for reference did not comply with the requirements of Sec. 18 rejected the reference, holding that the Court had no jurisdiction in the circumstances, to entertain the reference.

(2.) Though some of the High Courts have taken different views in the matter, so far as our High Court is concerned, it has been settled by the division Bench in Narayanappa v/s. Revenue Divisional Officer, I.L.R. (1955) Mad. 1062 that it is within the inherent powers of the Court to find out whether the matter that comes before it, is in proper form and in accordance with the requirements of statute. It has been held that the Court when a reference is made by the Collector under Sec. 18 can reject the reference, if it does not conform to the requirements of Sec. 18(2) of the Act. Sec. 18 of the Act runs thus:

(3.) In the case Narayanappa v/s. Revenue Divisional Officer, I.L.R. (1955) Mad. 1062 above referred to the application of the claimant under Sec. 18 was barred by limitation : proviso to Sub -section 2 was not complied with. The Sec. requires for a proper reference by the Collector (i) a written application ; (ii) the person applying should be one interested in the subject -matter of the reference and who does not accept the award ; (iii) grounds of objection which are limited to (a) the measurement of the land, (b) the amount of the compensation, (c) the person to whom it is payable and (d) the apportioning the compensation among the persons interested ; (iv) the application should set out the grounds on which the objection to the award is taken; and (v) it should be made within the period prescribed under Clauses (a) or (b) of the proviso as the case may be. In the present case there is no question that requirements 1, 2, 3 and 5 are f ally satisfied. It may also be stated that at the enquiry before the Land Acquisition Officer so far as the claimant was concerned, there was no dispute about the measurement or about the person entitled to the compensation. The Petitioner claimed compensation at a particular amount and the dispute related to the quantum of the compensation. But when claiming the reference, the ground on which the objection was made, was not set out in terms in the application for reference. The reference was claimed in these words: