NAGEN KUMAR SAMANTARAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. Das for the petitioners and learned Additional Government Advocate for opposite parties. Since all the cases involve common questions of law and fact, all the writ applications are taken up together and disposed of by this common order.

(2.) THE lands of the petitioners had been acquired along with lands belonging to other persons under Notification dated 22.3.1985. Award had been made by the Collector. The present petitioners had not made any application at that stage Under Section 18 of the Land Acquisition Act (in short, the 'Act') for making a reference to the Civil Court for payment of higher compensation. However, some other affected persons whose lands had been acquired had filed applications Under Section 18 of the Act and. ultimately the compensation amount was enhanced in respect of their lands. Thereafter, the present petitioners filed applications Under Section 28A of the Act before the Collector for payment of higher compensation. The Collector refused to enhance the compensation on the ground that in the other awards higher amount had not been fixed for Sarad land. Subsequently, the present petitioners filed other applications in accordance with Section 28A(3) for referring the matter to the Civil Court for determination of compensation. The said petitions have' been rejected by the Collector on the ground that the earlier decision of the Collector refusing to pay higher compensation was not an award and as such there was no scope for making a reference Under Section 28A(3).

(3.) A bare perusal of the aforesaid provisions makes it clear that even though a person had accepted the award on the earlier occasion and not filed any application claiming higher compensation, if any excess compensation is paid by the Court in accordance with the provisions contained in Part -Ill of the Act in respect of other land covered by the same Notification, such other person who had not claimed higher compensation may make further application before the Collector for payment of higher compensation on the basis of the. amount awarded by the Court. Section 28A(2) empowers the Collector to conduct an inquiry and make further award determining the amount payable to the applicant. Whether the Collector enhances the amount or not, such determination by the Collector under Sub -section (2) is not final and thereafter, the aggrieved party may file an application for making a reference to the Civil Court in accordance with Section 28A(3). Though the Collector may have some discretion in the matter of fixation of higher compensation, there is no discretion so far as Section 28A(3) is concerned. As per the said sub -section, the provisions of Section 18 shall apply to such applications. Section 18 requires that Collector has to refer to the Civil Court when a person claims higher compensation. In the present case, the Collector has illegally refused to make a reference to the Civil Court. Since the petitioners had made the necessary applications within the stipulated period, the Collector should have referred the mailers to the Civil Court in accordance with Section 18 read with Section 28A of the Act. Accordingly, the orders passed by the Collector cannot be sustained. The Collector is directed to make a reference to the Civil Court .This exercise shall be completed within a period of three months from the date of communication of this order.