COLLECTOR LAND ACQUISITION NHPC Vs. KHEWA RAM

JUDGEMENT

(1.) The following questions of law arise for determination in this order: - "1. Whether an award under the Land Acquisition Act passed in favour of a dead person is nullity?

(2.) Whether in a Reference Petition under Section 18 of the Land Acquisition Act, 1984 where there are more than one petitioners and one of them dies, whether the petition abates as a whole or only qua the deceased?

(2.) A petition under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Code) is bound to be determined by the court even in the absence of the petitioner. Previously there was some divergence of opinion on this aspect of the matter and whereas some courts held that proceedings under Section 18 of the Act being a reference, must be answered by the court even in the absence of the petitioners, some courts were of the view that it was not incumbent upon the court to decide an award just because references has been made to it, it was held that the claimant was just like a plaintiff and if the claimant, despite notice, did not appear, the court was not bound to decide the matter. Keeping in view the divergence in the views of the various courts, this question was referred to a Division Bench of this court by the then the Chief Justice. The question raised was whether Order 22 of the Civil Procedure Code (hereinafter referred to as the Code) and the provisions of the Limitation Act apply to proceedings before a court on reference under Section 18 of the Land Acquisition Act. The Division Bench of this court in Bachhittar Singh and other Vs. the Collector Land Acquisition, Talwara Township 1982 SLC 90 held that Order 22 of the Code was applicable and the relevant discussion on this aspect of the matter is as follows: - "17. We do not agree with the view that once a reference has been made the court is bound to give an award. The scheme of the Act is that the Collector makes an award which is an offer to the claimant whose land has been acquired. If the offer is accepted the matter ends. But if the claimant does not accept the offer, he has a right to have the compensation judiciously determined. Or this he has to make an application under Section 18 of the Act asking the Collector to make a reference to the court. In this application he is required to state the grounds on which objection to the award is taken. The Collector is required to give the. necessary information mentioned in Section 19 of the Act to the court while making a reference. Once the reference is registered by the court it is required to serve a notice on the applicant and others. In other words, proceedings start before the court when it takes cognizance of the reference by registering it. Since the applicant has raised objections to the award made by the Collector, it is but natural that he should support his objections. But in case the applicant disappears from the scene, what should the court do? Under Section 26 of the Act the court, while making its award, is required each amount. In the absence of the applicant the court cannot justify the amount awarded by the Collector on the ground that applicant is no more interested in supporting the objections raised by him. In these circumstances relevant provisions of the Code, which are not inconsistent with the Act, can be made applicable because of Section 53 of the Act. There is nothing in the Act which militates against the legal representatives of the deceased applicant being required to be brought on record so that the proceedings can continue. The provisions of Order 22, in our judgment, are applicable to the proceedings on reference under the Act."