SM. ANANDAMOYEE BHATTACHARJEE Vs. STATE AND ANOTHER

JUDGEMENT

(1.) This is an application for revision of the Order No. 73, dated June 4, 1997 passed by Sri Milan Chatterjee, learned Additional District Judge, 3rd Court, Midnapore in L.A. Misc. Case No. 320 of 1986 whereby and whereunder the learned Additional District Judge directed that the proceedings be dropped and the Collector be directed to take back all the documents which have been referred to the Court including the cheque and to take steps in accordance with law.

(2.) Petitioner is admittedly the owner of certain lands at Mouza Krishnapur under the Police Station Sutahata, District-Midnapore and those properties were acquired by the State of West Bengal. The Collector passed an Award and the applicant objected to the said Award and requested the Collector to make a reference under Sec. 18 of the Land Acquisition Act, 1894. The provisions of Sections 18 and 19 of the Land Acquisition Act, as are relevant for the present purpose, are as under :

(3.) It appears from the said provisions that under Sec. 19(d) of the said Act it was the duty of the Collector to indicate the grounds on which amount of compensation was determined. It appears from the order impugned that those grounds were not stated in the papers forwarded by the Collector to the learned Judge, Land Acquisition Court. After receipt of the papers from the office of the Collector the matter was registered as L.A. Misc. Case No. 326 of 1986 and some witnesses were examined. At the stage, the learned Additional District Judge directed that proceedings be dropped as reference was made not following the mandatory terms of Sections 18 and 19 of the Land Acquisition Act, 1894.