MACHINDRA Vs. SHARAD

JUDGEMENT

(1.) Rule. With the consent of the parties, the Petition is taken up for final hearing at the stage of admission. Heard learned counsel for the parties.

(2.) The petitioner herein is the claimant in Land Acquisition Reference no.456 of 1999 pending before the Court of Joint Civil Judge Senior Division, Latur. It is claimed by the petitioner that some agricultural property situated at village Harangul (Bk.) have been acquired by the State for Maharashtra State Industrial Development Corporation and an award has been passed in the year 1998. The petitioner/claimant being dissatisfied with the amount of compensation awarded by the Land Acquisition Officer, tendered an application to the Collector, seeking reference of the matter to the civil Court for determination of market value of the acquired land. The Collector referred the matter to the civil Court and on receipt of the reference, same is numbered as L.A.R. no.456 of 1999. Respondents 1 to 3 are third party applicants, who tendered an application to the reference Court, seeking their impleadment as the claimants in the proceedings. It is the contention of the third party applicants that they have purchased the property from the claimant/petitioner herein in the year 1992. It is contended by the third party applicants that there was some compromise entered into between the claimant and them and they have been permitted under the compromise to tender the application seeking their impleadment in the pending reference proceeding. The application tendered by the third party applicants was initially allowed by the trial Court in view of the order passed on 24.2.2011 but the claimant petitioner herein by tendering an application at Exhibit 22, requested the Court to recall the order passed earlier, permitting impleadment of the third party applicants, as claimants. In the reference proceedings, it is the contention of the claimant petitioner herein that the third party applicants do not have entitlement to get themselves impleaded as claimants in the reference application. The names of the third party applicants do not appear in the award and they were also not held entitled to receive any part of the compensation amount. The provisions of the Land Acquisition Act do not permit impleadment of the third party applicants, as claimants in the reference proceedings. The application tendered by the petitioneroriginal claimant, seeking recall of the order passed by the reference Court on 24.2.2011 has been turned down and the said order is subjected to challenge in this Petition.

(3.) I have heard the arguments advanced by the respective counsel appearing for the parties. It is an admitted position that the third party applicants were not party to the award nor any of them was held entitled to receive compensation under the award and as such, their names were not included in the "E" statement. It is the claimant who has received the amount of compensation determined by the Land Acquisition Officer in respect of the acquisition of the property. Section 18 of the Land Acquisition Act provides that any person interested who has not accepted the award, may by a written application to the Collector, require him that the matter be referred for determination of the Court as to whether his objection to be the measurement of the land, the amount of compensation, the person to whom it is payable or to the apportionment of compensation amongst the persons interested.