JADUNATH DHAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD counsel for the petitioner and learned Addl. Government Advocate for opposite parties. This writ application arises against the decision of the Civil Judge (Senior Division), Anandpur, refusing to answer the reference made under Section 18 of the Land Acquisition Act on the ground that the Civil Court has no jurisdiction to consider the Kissam of the land under Section 18 of the Act. In the present case, after the award was made, the present petitioner had filed an application before the Land Acquisition Collector for making a reference to the Civil Court claiming higher compensation on the ground that the Kisam of the land had not been properly ascertained or verified by the Land Acquisition Collector. The Civil Judge seems to be of the opinion that in a reference under Section 18 of the Land Acquisition Act, the Civil Court can only decide the measurement of the land, the amount of compensation, the person to whom it is payable, or the apportionment of the compensation amongst the persons interested and since question of Kisam does not come within any of these, he has got no jurisdiction to decide the matter.

(2.) THE aforesaid opinion of the Civil Judge is thoroughly misconceived. A person can claim higher compensation on several grounds including the one that the nature of the land, i.e. the Kisam of the land is not what it is purported to be under the award of the Collector. For example, if the land is recorded as an agricultural land earlier, subsequently the said land may have ceased to be agricultural land at the time of acquisition. Since the valuation depends upon the nature of the use of the land, it goes without saying that a person claiming higher compensation can always say that the land should not be treated as an agricultural land or a particular type of agricultural land and should be treated as a land of superior type. Since the Civil Court has got plenary jurisdiction to decide about the compensation payable, it has got jurisdiction to decide about the nature of use of the land.