SAKALBASO KUER Vs. BRIJENDRA SINGH

JUDGEMENT

(1.) Those two applications in revision arise out of Land Acquisition cases Nos. 1094 and 1098 of 1960, pending before the Additional District Judge. Patna. An award was made in both the cases under Section 11 of the Land Acquisition Act by the Collector of Patna in favour of one awardee in each case, hut persons other than in whose favour such award was made claimed before the Collector that the compensation was payable to them. In those circumstances, the Col lector made a reference under Section 30 of the Land Acquisition Act (to be referred herein-after as the Act) to the Court. The last portion of his order is in the following terms:--

(2.) The present petitioner made an application before the Court to be added as a party. Admittedly, she had not appeared before the Collector either at the lime when the award was made or thereafter when the claim for payment of compensation was made by persons other than the awardee. This application was rejected by the learned Additional District Judge, on the ground that she would not be covered by the dispute that was referred to him by the Collector under Section 30 of the Act. Learned Counsel contests this finding and urges that under Section 53 of the Act the provisions under the Code of Civil Procedure are applicable to a proceeding initiated under Section 30 of the Act. In that view, the provisions under Order 1, Rule 10, Code of Civil Procedure, for addition of parties will he attracted to the present case.

(3.) The Land Acquisition Act provides for reference by the Collector in specific matters for decision of the Court. One such reference is contemplated under Section 18. The matter which will be covered by such a reference under Section 18 includes the question of persons to whom the amount of compensation is payable. In such a reference, the Court is required to cause a notice, specifying the day on which the Court will proceed to determine the objection and directing their appearance before the Court on that day, to be served on the application at whose instance the reference is made by the Collector and all persons interested in the objection. "Persons interested" has been defined in the Act to include all persons claiming an interest in the compensation to be made on account of the acquisition of land under the Act. In that view, any person who can be called a person interested with reference to a particular land which is compulsorily acquired under the Act can come before the Court, when a reference is made to it under Section 18, as he will be a person on whom a notice of hearing of the objection involved in that reference is required to be given. Even if such a notice is not given, he can still come before the Court and claim such notice and be heard.