LAWS(ALL)-1980-11-6

ZAMEER AHMAD Vs. STATE OF U P

Decided On November 21, 1980
ZAMEER AHMAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Land belonging to the applicants was acquired under the provisions of the U. P. Land Acquisition Act. They made an application to the Collector under Section 18 (1) of the Act under which they prayed that the matter be referred by the Collector to the Court for its determination. The Collector, thereupon, made a reference under Section 19 (1) of the Land Acquisition Act to the Court. After considerable delay, the applicant made an application to the court for an amendment. By the amendment, the applicant wanted to state that he was a Sirdar to the extent of 2/3rd and the area acquired was 64 bighas 11 biswas and he wanted an additional amount of Rs. 58,689 as compensation instead of Rs. 34,430.

(2.) The Addl. District Judge rejected the application on two grounds: (1) as the Judge was doubtful whether the court had any power to amend the reference made by the Collector and (2) that the application for amendment was very belated and no proper explanation for the delay in seeking the amendment had been given.

(3.) The reference to the court and the procedure thereto is provided in Chapter III of the Land Acquisition Act. Under Section 18 (1) any person interested, who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested. Sub-section (2) requires that the applicant submitting an application under Section 18 (1) shall state in the objection the grounds on which he is objecting to the award.