MADAN LAL Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The petitioners preferred an application under Sec. 18 of the Land Acquisition Act, 1894 (hereinafter referred as 'the Act of 1894') for making a reference to the Court to decide the issue pertaining to determination of the persons to whom compensation is required to be paid as a consequence of acquisition of the land situated in Araji No. 189, 320, 321, 322 and 323 in village Kishanpura, measuring 17 bighas and 18 biswa. According to the petitioners, respondent Bhanwar Lal was not at all entitled for getting any compensation as he was having no interest in the land acquired.

(2.) The Land Acquisition Officer by the order impugned dated 15.3.1995 refused to make a reference on the count that issue with regard to entitlement of compensation could be decided by way of filing an appeal and not by making a reference under Sec. 18 of the Act of 1894. While giving challenge to the order dated 15.3.1995 it is contended by the learned counsel for the petitioner that under Sec. 18 of the Act of 1894, if any person interested who has not accepted award may submit an application in writing to the Collector with a request for making a reference to the Court for determination of objection with regard to the person to whom compensation is payable but the land Acquisition Officer ignoring the provisions above erroneously refused to make reference to the Court by the order impugned.

(3.) Heard learned counsel for the parties. Sec. 18(1) of the Act of 1894 reads as under: 18. Reference to Court (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.