G JANAKIRAMA RAO Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This revision petition is filed against the order and decree of the Subordinate Judee's Court, Peddapuram in I A. No. 607/84 in O.P. No. 30/ 83 dated 11-7-1985.

(2.) The facts of the case are : The petitioner, who is a minor, is the owner of the land measuring Ac. 2-41 cents in S. No. 236/2 of G. Ragama- peta village in Peddapuram taluk. The said land was acquired for purposes of providing housesites to the poor and under Award No. 36/79, dt. 13-12-79 compensation was also fixed. The petitioner requested to refer the matter for enhancement of the compensation to the Civil Court under section 18 of the Land Acquisition Act. Thereafter the matter was referred to the Court. But the reference was taken under section 31(2) of the Act only, but not under section 18 of the Act for enhancement of the compensation. Hence, the petitioner filed the present I.A., seeking amendment to include reference under section 18 of the Act also. The lower Court considered it and found that the reference made was only under section 31(2) of the Land Acquisition Act, and therefore the amendment cannot be permitted.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner requested the Land Acquisition Officer to refer the matter under section 18 also, but by mistake or over-sight the lower Court missed to note the same. Further, the learned counsel submitted that under section 53 of the Land Acquisition Act the provisions contained in the Civil Procedure Code are made applicable to the proceedings before the Court dealing with matters under Land Acquisition Act and therefore, the lower Court ought to have allowed the amendment sought for since under Order 6 Rule 17 and section 151 of C.P.C,, read with section 53 of the Land Acquisition Act, the Court has ample power to allow the amendment to meet the ends of justice. In support of his submission that a request was made to the Land Acquisition Officer to refer the matter under Section 18 of the Act, a copy of reference made is filed before this Court which in its paragraph 'Reasons for the reference:' states :