SARASWATI MITAL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE various petitioners herein filed an application before the Special Land Acquisition Officer for reference under Section 18 of the Land Acquisition Act read with Sections 55 and 64 of Avas Evam Vikas Parishad Adhiniyam. THEy are aggrieved by the refusal of the Special Land Acquisition to make a reference under Section 18 of the Land Acquisition Act.

(2.) IN the counter affidavit filed on behalf of the Avas Evarn Vikas Parishad, the respondent no 2 in the petition, the ground of the refusal by the Special Land Acquisition Officer to make a reference under Section 18 has been disclosed. it is urged that in the first instance the application of the petitioner was barred by limitation, and, secondly, that the compensation was not payable to the petitioners as they were not recorded over some of the plots in the revenue papers.

(3.) SECTION 18 of the Land Acquisition Act provides that 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 compensation, the persons to whom it is payable or to the apportionment of the compensation amongst the persons interested. It will be immediately seen that the objections which may constitute the basis for a reference under SECTION 18 may even be as regards the persons to whom it is payable. The Special Land Acquisition Officer was, therefore, not competent to go into the question whether the petitioners were or were not entitled to receive the compensation. This is an issue which the Court has to decide upon a reference under SECTION 18 of the Act. The Collector is only concerned with the limited question whether the objection with respect to which reference is sought under SECTION 18 falls within the category of objections which can be made subject matter of a reference under SECTION 18 of the Land Acquisition Act.