SHEIKH MOHAMMAD Vs. DIRECTOR OF AGRICULTURE M P

JUDGEMENT

(1.) THIS order shall dispose of First Appeals Nos. 12, 13, 14, 15, 16 and 17 of 19(33 also. These are appeals under section 54 of the Land Acquisition Act, 1894, arising out of proceedings taken for acquiring, at the instance of the Director of Agriculture (respondent), several plots of land of village Lalbag and Muhammadpura which were required for a seed multiplication farm to be established in the vioinity of Burhanpur. The respondent moved the Collector who, in due course, gave his award under section 11 of the Act on 13 June 1960. The claimants, who are the appellants before us, were not satisfied with the award and moved the Collector under section 18 of the Act for making references to the Court. Instead of making such references, giving the particulars specified in section 19 of the Act, the Collector appears to have forwarded to the Court these applications under section 18. In its turn, the Court issued notices to the Director of Agriculture and sent only intimation to the Collector. In all these references, the Director of Agriculture filed his written statements and contested the claims for enhanced compensation. The Court, by its award rendered on 20 September 1962, directed "the non-applicant", meaning the Director of Agriculture, to pay to the appellants certain sums over and above the amounts awarded to them by the Collector. As already indicated, the appellants have filed these appeals against the Court's award and impleaded the Director of Agriculture as the only respondent.

(2.) HAVING heard the counsel, we have formed the opinion that these proceedings were misconceived from the commencement. There is, in any of F. A. No. 11 of 1963 decided on 20-12-1965 against the award of S. R. Ghanekar these cases, no reference such as is contemplated by section 19 of the Act which provides: