GENAI RAI Vs. STATE

JUDGEMENT

(1.) This civil revision arises out of a reference under S.18, Land Acquisition Act, (hereinafter to be referred to as "the Act"). Petitioner-claimant"s prayer for amendment of the reference has been refused. The Subordinate Judge refused the relief sought for on the ground that there being no provision for amendment under the Act, he is unable to grant the relief sought for.

(2.) Mr. Ganesh Prasad Singh, learned counsel appearing for the petitioner, contended that the Court below has failed to exercise its jurisdiction vested in it.

(3.) It is true that there is no provision under the Act which provides for amendment of an objection petition giving rise to the reference under S.18 of the Act. A reference under S.18 of the Act, is on the basis of a written application to the Collector to refer the matter for the determination of the Court. It may relate to measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation. The application is also required to set out grounds on which the objection to the award is taken. Section 53 of the Act provides applicability of Civil P. C. to all proceedings under the Act save in so far as they may be inconsistent with anything contained in the Act. According to the Court below, the claimant cannot be treated either as a plaintiff or a defendant in a proceeding under S.18 of the Act. Section 141, Civil P. C. envisages the procedure provided in the Civil P. C. with respect to suits shall be followed as far as it can be made applicable in all proceedings in any Court of civil jurisdiction. The proceeding under S.18 of the Act is a civil proceeding. Under the explanation the expression "proceeding" includes even a proceeding under O.IX of the Code. There is no need of any plaint being filed in a proceeding under O.IX. A proceeding under O.IX is initiated by filing of an application. A reference under the Act is also initiated by filing of an application setting out the grounds for the relief sought for from the Civil Court. I am, therefore, of the opinion, that merely because no plaint is required to be filed for initiating a proceeding under S.18 of the Act, the claimant can be refused the relief of an amendment of the application for reference which is an application initiating a civil proceeding under the Act.