STATE OF HARYANA Vs. MAN SINGH

JUDGEMENT

(1.) THESE fifteen Regular First Appeals (Nos. 451 to 453, 455 to 460 and 468 to 473 of 1968) may be disposed of by a single judgment as the questions at issue are common. Certain land belonging to the various respondents was acquired by the Government of Punjab (now Haryana) pursuant to a notification dated 5-9-1961, issued under S. 4 (1) of the Land Acquisition Act. By his award dated 29-6-1962, the Land Acquisition Collector awarded compensation at the rate of Rs. 700 per acre for Chahi land, Rs. 490 per acre for Narmot, Chaknote and Maga land, Rs. 245 per acre for Banjar Qadim, Rs. 122 for Gair Mumkin. The claimants received the compensation awarded to them on 23-9-1967 and, according to the Government, it was received without any protest. Thereafter, on 10-10-1967, they filed applications seeking references to the Court under S. 18 of the Land Acquisition Act. After notice to the Government, references were duly made to the Court. Before the learned Additional District Judge, a preliminary objection was raised on behalf of the Government that the references were incompetent as the conditions prescribed by S. 18 of the Land Acquisition Act were not fulfilled. It was said, firstly, that the references were sought after the prescribed period of limitation and, secondly that the claimants having accepted the compensation without protest, were not entitled to seek references to the Court. The preliminary objection was overruled by the learned Additional District Judge. Compensation was enhanced to Rs. 1,200 per acre for Chahi, Narmot, Chaknot and Magda lands and to Rs. 900 per acre for Banjar Qadim and Gair Mumkin lands. The State of Haryana has preferred these appeals. No question is raised that the compensation awarded by the learned Additional District Judge is excessive. The only question raised is that the references were incompetent for the same reasons that were urged before the learned Additional District Judge.

(2.) THE question for consideration is, whether it is open to a Court to whom a reference is made under S. 18 of the Land Acquisition Act to go behind the reference and investigate whether the reference was properly made. Section 18 of the Land Acquisition Act may be usefully extracted here. It is as follows:

(3.) THE submission on behalf of the Government appears to be that the Court to which a reference is made must necessarily be considered to be clothed with the power to determine whether the matter that has come before it, "is in the proper form and in accordance with the requirements of a particular statute. " The submission of the appellant is supported by the following decisions: Mahadev Krishna v. Mamlatdar of Alibag, AIR 1944 Bom 200, Narayanappa v. Revenue Divisional officer, AIR 1955 Mad 23. Special Deputy Collector v. Kodandaramacharlu, AIR 1965 Andh Pra 25 and Gangavva v. Udachappa, AIR 1964 Mys 107 (FB ).