2009 PLP 741 (CLC)

Ss. 4, 9, 11, 18, 23, 25(2), 45 & 54

Acquisition of land

Determination of compensation

Enhancement of compensation

Advocates of respondent/ Authorities, raised objection that appellants/ landowners, having not filed any objections or made any claim in pursuance of notice issued to them under S.9 of Land Acquisition Act, 1894, enhancement in compensation by the Referee Judge was violative of subsection (2) of S.25 of the Act

Validity

Objection had no substance in the light of record

No doubt under S.25(2) of Land Acquisition Act, 1894 an applicant who had refused to make a claim or had omitted without sufficient reason to make such a claim, then the amount awarded by the court would not exceed the amount awarded by the Collector, but that principle would be attracted only when it was proved that notice was served on the claimant strictly in accordance with the special procedure laid down in S.45 of Land Acquisition Act, 1894

After the service, if objections were not filed or claim was not made before the Collector, then bar contained in subsection (2) of S.25 of Land Acquisition Act, 1894 could be raised, otherwise the Referee Judge was not debarred from enhancing the compensation-Section 25(2) of the Land Acquisition Act, 1894 being of penal nature, in order to attract the same, not only the mandatory procedure relating to the service of notice visualized by S.45 of the Act, had to be complied with but due service was also, to be proved by the court.

Ss. 4 & 18

Acquisition of land

Determination of compensation

Reference to Referee Judge

Nature of reference proceedings

"Ground"

Connotation

Grounds on which objections to award were taken

Reference proceedings were of civil nature and were to be filed before the civil court

Position of the parties under S.18 of Land Acquisition Act, 1894, was akin to a plaintiff and defendant

Whatever was required to allege by a plaintiff for proving a cause of action or a defendant in order to prove his defence, must be pleaded because the parties had to lead their evidence in support of the pleaded facts and not in vacuum

Assuming for the sake of arguments that provisions of the Civil Procedure Code were not applicable stricto senso to the inquiry to be conducted by the Referee Judge under S.18(2) of Land Acquisition Act, 1894, even then it was obligatory for an interested person to state the grounds on which objections to the award were taken

Term "grounds" had been significantly used in S.18 of Land Acquisition Act, 1894 by the Legislature

Word "ground" explained.

S. 18

Reference to Referee Judge

Conditions to be fulfilled

While making application to the Collector for making the references, there must be an application made in writing to the Collector; the Collector could make a reference only on the motion of a person interested or claiming to be interested; he could not act suo motu; application must be made by any person interested in the subject-matter of the Reference; a person not interested could not make the application; person interested who made the application for the reference must not have accepted the award of the Collector, either directly or indirectly, either expressly or impliedly; application of the person interested, who had not accepted the award, must require the Collector to refer the matter mentioned in application for the determination of the Court; reference sought to be made by the applicant must embody objections relating to all or any of the matters; the measurement of the land; the amount of the compensation; persons to whom it was payable; apportionment of the compensation among the persons interested and application must be made within the period of limitation prescribed by proviso to S.18 of Land Acquisition Act, 1894.

Ss. 11 & 23

Determination of market value of acquired land

Guidelines for determination of market value and assessment of compensation, detailed

While determining the market value of the acquired land, the Collector had not only to consider the present potential value of the land sought to be acquired, but also to consider its future possible use.

Ss. 4, 9 & 18

Acquisition of land

Determination of amount of compensation

Reference to Referee Court

Non-appearance of landowners as witness in support of their reference

Effect

Advocates of respondents/Authorities had contended that none of the claimant/landowners whose land was acquired having appeared as witness in support of their reference, same was liable to be dismissed

Validity

Contention was devoid of any force as, no doubt in some cases personal appearance of the party was must to dispel the suspicions attaching to his case; but when there was sufficient evidence on the record non-appearance of the party, was not always fatal.