A P AGRICULTURAL UNIVERSITY Vs. DAN REDDY

JUDGEMENT

(1.) The Agricultural University, Rajendranagar, the appellant in this batch of appeals, is faced at the outset with an objection regarding the maintainability of the appeals. A vast extent of land was acquired by the Government of Andhra Pradesh for the purposes of the Agricultural University. At the instance of the owners of the land, who were dissatified with the compensation awarded by the Land Acquisition Officer, references were made to the Court under S. 18 of the Land Acquisition Act. The Court made awards enhancing the compensation. The Government of Andhra Pradesh did not prefer appeals. The Agricultural University, who was not a party to the references, sought leave of the High Court to prefer appeals. Our brother Madhava Reddy, J. granted leave 'subject to the question of maintainability'.

(2.) The appeals are now before us and the claimants before the lower court object to the appeals and claim that the appeals are not maintainable. Leave having been granted exparte and subject to the question of maintainability, the respondents are well entitled to object. This position was not disputed before us. Indeed it cannot be disputed. In ID re Youngs Doggett v. Revett(l). leave was originally granted exparte but at the hearing of the appeals on the objection of the respondents, the appeals were held to be not maintainable, In order to appreciate the force of the preliminary objection it is useful to discover the place of the person for whose benefit the land is acquired in the scheme of the Land Acquisition Act, Section 4 of the Land Acquisition Act enables the Government to publish a notification stating that land in a locality is needed or is likely to be needed for a public purpose. Section 38 provides for the exercise of a similar power by an officer of a Company authorised by the Government in that behalf where the lard is required for the purposes of the Company. Section 39 Presoibes that the provisions of Sections 6 to 37 shall not be put in force in order to acquire land for any Company except with the pretious consent of the Government and unless the agreement coutemplated by S. 41, providing among other things for the payment to the Government of the cost of the acquisition is executed by the Company. It is of interest that payment of the cost of acquisition is to the Government by the Company No payment by the Company to owners of acquired property is contemplated. It may not be out of place to mention here that the Agricultural University is not a Company.

(3.) On the publication of the notification under Section 4 (including a notification under section 38 read with Section 4) that the land is needed for a public purpose or a Company any persen interested in the land may under Section 5-A object to the acquisition of the land. The objection shall then be considered by the Government. Thereafter a declaration shall be made under S. 6 to the effect that any particular land is needed for a public purpose or for a Company. Before taking possession of the land Section 9 requires the Collector to give public notice that the Government intends to take possession of the land and that claims to compensation may be made to him. Claims for compensation are thereafter required to be considered and the Collector is required to make his award. On making his award, the Collector shall tender payment of the compensation awarded by him to the persons interested or entitled thereto. After the Collector has made the award be may take possession of the land which will thereupon vest absolutely in the Government, Any person interested who does not accept the award may, under section 18, require the Collector to make a reference to the Court for the determination of the compensation. The Court shall thereafter determine the compensation to be awarded and make its award. Section 50 provides that where the acquisition is to be made at the cost of any fund controlled or managed by a local authority or of any company, such local authority or company concerned may appear and adduce evidence-before the Collector or Court for the purpose of determining the amount of compensation subject to the proviso that no such local authority or company shall be entitled to demand a reference under S. 18. It may not again be out of place to mention here that the Agricultural University is neither a company nor a local authority. Section 54 provides for an appeal to the High Court from the award of the Court hearing the reference under S. 18 of the Act.