T K PARAMESWARA IYER Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) In this case we are asked to revise an order of the Revenue Divisional Officer of Palghat dismissing petitioners application under Section 18 of the Land Acquisition Act (1 of 1894) for a reference to the Court regarding his award of compensation for certain lands of a devaswom acquired under the Act.

(2.) The order is very brief and runs thus : These persons do not appear to be the accredited representatives of the devaswom. The petition is therefore rejected.

(3.) That the order is illegal hardly admits of doubt. Section 18 enables "any person interested, who has not accepted the award" to "require" a reference: and Section 3 (b) defines "persons interested" as including all persons claiming an interest in the compensation. As long as the application sets out a claim to an interest in the compensation, it is no part of the Collector s duty to decide whether the claim is well founded : and he is not authorised to refuse to make the reference merely because he may think it is not. Petitioners in their application in the present case undoubtedly claim an interest in the compensation as trustees and managers of the devaswom to which the acquired property belongs: and they have not accepted the award.