KAMLESH KUMARI. Vs. STATE OF M.P

JUDGEMENT

(1.) THIS revision by the applicants is directed against the order of the Land Acquisition Officer, Satna dated 28.11.1991 whereby the application of the applicants under section 18 of the Land Acquisition Act, 1894 (hereinafter called the Act) for making a reference to the civil Court was dismissed.

(2.) THE facts under which the impugned order was passed and which are material for consideration of this revision petition, are that by notification dated 10.10.89, the lands in question of the applicants were acquired under the Act. In pursuance of the acquisition proceedings, the applicants filed their claims for compensation and award was passed by the Land Acquisition Officer on 1.3.1990 and was sent for approval to the Collector as required under the proviso to section 11 (1) of the Act. As no approval was granted by the Collector, the applicants were forced to move this Court in Misc. Petition No. 3173 of 1991 and this Court by order dated 1.10.1991 directed the non -applicant/State to finalise the award on or before 10.10.1991 so that the land acquisition proceedings do not lapse for want of award. However, it appears from the impugned order dated 28.11.1991 that the award was not approved by the Collector within the time permissible under the Act and, therefore, the acquisition proceedings lapsed and the Collector had given directions by order dated 28.8.1991 and 8.10.1991 in the light of the order of this Court dated 1.10.1991 to pass a fresh award. However, no award could be passed and directions were issued to the Executive Engineer, P.W.D., Satna to take steps afresh for acquisition of the lands under the Act. That being the position, the application under section 18 of the Act for referring the matter to the Civil Court becomes infructuous. The application for referring the matter to the Civil Court was filed against an award which has lapsed because of non -approval of the award by the Collector in exercise of the powers conferred under the proviso to section 11 (1) of the Act. As there is no award in existence, there can be no reference under section 18 of the Act.