BAIDYANATH BAYEN Vs. BERHAMPORE BANK LTD.

JUDGEMENT

(1.) THIS appeal is at the instance of the referring claimant Baidyanath Bayen and it is directed against the order of the District Judge, Murshidabad, holding that in view Section 45A and B of the Banking Regulation Act, 1949, he has no jurisdiction to entertain and dispose of the reference cases under Section 18 of the Land Acquisition Act, 1894.

(2.) THE disputed land measuring 4.10 acres appartains to C.S. plot No. 1523, Khatian No. 469, Mouza Boargachi, in the district of Murshidabad. It was required by the Government of West Bengal under provisions of the West Bengal Land Development and Planning Act on or about June 28, 1951. The Respondent Berhampore Bank Ltd. was the mortgagee in respect of a portion of the disputed land. By an order of this Court dated November 18, 1949, this Court directed the winding up of the Respondent Bank. After the disputed land was acquired, a final mortgage decree was passed in favour of the Respondent Bank by the High Court on August 7, 1956. On March 25, 1958, the Collector made an award of compensation in the joint names of the Appellant and the Respondent. The Appellant, who was a tenant in respect of the disputed land, claims that he is entitled to the whole of the amount of compensation, while the Respondent who, as aforesaid was the mortgagee, makes a similar claim. Both of them not being satisfied with the award of the Collector made two separate applications under Section 18 of the Land Acquisition Act before the learned District Judge, Murshidabad, each claiming the entire amount of compensation and enhancement of the same. The application of the Respondent Bank Was numbered as L.A. Case No. 34 of 1961 and that of the Appellant as L.A. Case No. 36 of 1961. In this appeal, we are concerned with L.A. Case No, 36 of 1961.

(3.) THE only question that is involved in this appeal is whether the application under s, 18 of the Land Acquisition Act filed by the Appellant is barred by the provisions of Sections 45A and 45B of the Banking Regulation Act. Sections 45A and 45B are as follows: