LAWS(ALL)-1990-4-75

SHYAM SUNDER Vs. COLLECTOR VARANASI

Decided On April 04, 1990
SHYAM SUNDER Appellant
V/S
COLLECTOR Respondents

JUDGEMENT

(1.) AN area .258 Acre of plot No. 344/1 was acquired under the Land Acquisition Act (hereinafter referred to as the Act). Special Land Acquisition Officer by award dated 22-9-1986 awarded a sum of Rs. 4,32,287 95 in favour of Sri Rajendra Kumar Jain, respondent No. 2, who alone was held to be entitled for the compensation. Against this award a joint reference under Sections 18 and 30 of the Act was made to the Civil Court' by the Collector, Varanasi,

(2.) LEARNED 1st Additional District Judge, Varanasi framed the following issues : "1. Whether the claimant or opposite parties no. 2 to 5 are entitled to compensation for land of plot no. 344/1 0.258 acre ? 2. What was the market value of the property acquired on the date of notification under Section 4 of the L. A. Act ?

(3.) ANY interested person .who has not accepted the award may under Section 18 require the Collector to refer the matter to civil court for determination of the question regarding the measurement of land, amount of compensation, person to whom it is payable or the apportionment of the compensation among the persons interested. Section 18 (1) of the Act is quoted below :