PROMOTHA NATH MULLICK Vs. SECRETARY OF STATE

JUDGEMENT

(1.) In these applications it is sought to set aside an order of the Land Acquisition Judge refusing to enter upon an enquiry as to the area and measurement of the land acquired.

(2.) The declaration was published in August, 1920,and objections were put in by the claimant before the Collector in January, 1921. In April, 1921, the claimant filed a petition, after the Collector had made his award, asking for a reference to the Judge, upon the specific ground "for determination of the proper compensation and valuation for the lands acquired." The reference was made accordingly. In April, 1924i the petitioner put in a further application before the Judge raising an objection as to the area of the land acquired and asking that either Government should fee called upon to admit the area, or a local enquiry should be held. This application was refused by the learned Judge, and thereupon the present Rules were obtained.

(3.) It has been contended on behalf of the -applicant that once a reference has been made, it is open to the party to attack the %ward upon any ground even though not forming the subject of objection at the time the reference is applied for. In support of this contention, it is pointed out that when a reference is made, it is under Section 18 of the Land Acquisition Act which provides that the claimant may " require that the matter be referred by the Collector," and emphasis is laid upon the expression "the matter" as showing that what is referred is not necessarily limited to the objection. Reference has also been made to certain reported cases as supporting the argument. In the case of the Hughli Mills Co. V/s. Secretary of State for India in Council (1903) 12 C.L.J. 489, it is said in the course of the judgment that the whole case is referred, not merely the objection, for determination." The meaning of that must be taken in relation to the facts in that case, and the decision is that where a reference is made on an objection as to compensation, the Judge may go into and decide that question on its merits even though he rejects the principle of assessment put forward by the claimant. The case of In re. Land Acquisition Act - In Re Rustomji Jijibhai (1905) 30 Bom. 341 does not carry the matter further, but shows that where an objection has been made and the reference is before the Judge, the claimant is not necessarily to be restricted to the particular ground on which the objection was based in the first instance.