SURENDRA KAUR Vs. SATINDER SINGH CHHABRA

JUDGEMENT

(1.) The present revision has been filed under section 115 of Civil Procedure Code, 1908 against the order dated 15-10-2014 passed by the Land Acquisition Officer in Case No. 156/2013. The learned District Judge has allowed the application preferred by the non-applicant No. 1 under Order 7, Rule 11 of Civil Procedure Code and has dismissed the reference petition filed by the applicant under section 30 of Land Acquisition Act, 1894 being time barred. Fact of the case reveals that the non-applicant No. 1 Satinder Singh Chhabra is the son of the present applicant-Smt. Surendra Kaur. The facts further reveal that the husband of the applicant late Shri Sardar Surjeet Singh Chhabra purchased an agricultural land bearing Survey No. 175/3 admeasuring 0.340 hectare and Survey No. 176/2 admeasuring 0.300 hactare of land situated at Village Pant Piplai Tehsil and Distt. Ujjain on 13-6-1988. It has further been stated that the land was purchased from the source of HUF in the name of elder son Satinder Singh Chhabra (non-applicant No. 1), who was a minor having no source of income. The facts further reveals that for construction of a four lane road, a notification under section 4 read with section 17 of the Act of 1894 was issued and thereafter an award was passed on 4-8-2009 in the name of non-applicant No. 1. He was paid a sum of Rs. 22,43,131/- on 2-2-2010. The said amount was distributed between the non-applicant No. 1 Satinder Singh Chhabra, who is the elder brother of Tajinder Singh. It has been stated that a Memorandum of Understanding was executed between the parties on 14-2-2012 that they will be dividing the compensation in a particular ratio in case it is enhanced. It has further been stated that on account of some dispute, the non-applicant No. 1 has refused to accept the family arrangement and the applicant has filed an application before the Court for deciding the question of apportionment and the same was dismissed by the order dated 30-10-2012 on the ground that the same should be filed before the land acquisition officer. The applicant thereafter has preferred an application under section 30 of the Act of 1894 before the Collector-cum-Land Acquisition Officer, Ujjain and the same was registered as Land Acquisition Case No. 156/13. The respondent No. 1 preferred an application under Order VII, Rule 11 of Code of Civil Procedure, 1908 read with sections 30 and 53 of the Act of 1894 and a ground was raised that the application was not filed within limitation. A detailed reply has been filed by the present applicant on 1-8-2014 and the learned District Judge has allowed the application vide impugned order dated 15-10-2014 filed by the non-applicant No. 1 under Order VII, Rule 11 of Code of Civil Procedure read with sections 30 and 53 of the Act of 1894.

(2.) The present revision arising out of the order dated 15-10-2014. A preliminary objection has been raised from the other side regarding maintainability of revision petition. Sections 30, 53 and 54 of the Land Acquisition Act, 1894 reads as under:

(3.) Section 54 of the Act of 1894 provides for an appeal. A Division Bench of this Court in the case of Rishiraj Singh and Ors. vs. Raghubar Singh and Ors., 1968 MPLJ 461 while dealing with an order passed by the District Judge under section 54 has held that the decision taken by the District Judge on reference under section 30 of the Act of 1894 is a decree and an appeal therefrom is a regular first appeal on which ad-valorem Court fee on the amount claimed by the appellant in an appeal is payable. Paragraphs 1, 2, 3 and 4 of the aforesaid judgment reads as under:--