UNION OF INDIA Vs. SUCHA SINGH, ETC

JUDGEMENT

(1.) After the reorganisation of Punjab in the year 1966, the Union Territory Chandigarh acquired certain lands situate in village Badheri for development of the city of Chandigarh in the year 1969. Against the award of the Land Acquisition Collector, Chandigarh No. 96/LAO dated 5th of April, 1969, at the instance of Sucha Singh and other landowners a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter called the Act) was made to the District Judge, Chandigarh. The Union of India also felt aggrieved by the award of the Collector and on its application as well a reference was made to the District Judge under Section 18 of the Act. The later reference has, however, been rejected by the learned District Judge on the finding that it is not maintainable. It is against this order dated 4th of February, 1971, that the Union of India has come up in revision under Section 18(3) of the Act.

(2.) In holding that the reference of the Union of India is not maintainable, the learned District Judge has relied upon the provision contained in Sub-section (2-A) of Section 18 of the Act, reading as follows :-

(3.) This provision was introduced by the Land Acquisition (Punjab Amendment) Act, 1962. Prior to it in certain authorities it had been held that a reference under Section 18(1) of the Act could be made only by the person who had any interest in land or compensation and not by the State. The reasons for the amendment were to nullify the effect of those decisions and to make it clear that the Government also had a right to question the award of the Collector if it was not acceptable to it. This is apparent from the statement of Objects and Reasons of the Amending Act, the relevant part of which reads thus :-