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Niranjan Singh and ors. Vs. Amar Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtPunjab and Haryana High Court
Decided On
Case NumberCivil Revn. No. 3150 of 1982
Judge
Reported inAIR1984P& H250
ActsLand Acquisition Act - Sections 9, 11 and 30; Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 1, Rule 10; Punjab Village Common Lands (Regulation) Act
AppellantNiranjan Singh and ors.
RespondentAmar Singh and ors.
Cases ReferredMt. Sakalbaso Kuer v. Brijendra Singh
Excerpt:
.....parties concerned acquire knowledge of passing of the said order. - are clearly attracted to case of reference under section 30 before the court when the nature of the dispute under reference does no' change......to, make an enquiry and make an award regarding the area of the land; the compensation for the land and apportionment of compensation among the persons know or believed to be interested in the land of whose claims he had information whether or not they have appeared before him. such an award, under section 12 of the act, shall be filed in the office of the collector and shall be final.and conclusive evidence as between the collector and the persons interested. part iv of the act prescribes the procedure for 'apportionment of. compensation'. section 30 of the act heads as under:'section 30: dispute as to apportionment.-when the amount of compensation has been settled under.section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as 'to the persons.....
Judgment:
ORDER

1. Whether a person, who had not filed any claim in response to a notice issued under Section g of the Land Acquisition Act ('the Act' for short) and had pot participated in the enquiry held by the Land Acquisition Collector (for short 'the Collector') under Section 11 ot the Act and had not raised any dispute for the apportionment of compensation before the Collector, can be impleaded as a party to the proceedings pending before the Court on a reference made by the Collector under Section 30 of the AM against the wishes of the person on whose application reference has been made, is the short but meaningful question raised in.his revision petition under Section 115 of the Civil P. C.

2. A brief survey of the pertinent facts will help illumine the contours of forensic controversy:

Amar Singh, respondent No. 1, 'to this. revision petition, moved an application raising a dispute regarding the title of the lend, in dispute, measuring 20 Kanals, situated in village Abheypur and apportionment of its compensation determined by the Collector under Section 11 of the Act. In exercise of the powers conferred 'n him under S. 30 of the Act, the Collector referred the dispute between Amar Singh and the Gram Panchayat over the apportionment ot the compensation to the Court for decision. The matter was entrusted to the learned Additional District Judge. Ambala, for disposal. The petitioners made an application under O. l, R. 10 of the Civil p. C., t., 'the Court for being impleaded/added either as applicants or respondents to the reference under Section 30 of the Act. Amar Singh oppose. this application. The learned Additional District Judge held that the statement under Section 19 'the Act placed of the record indicated that Amar Singh had interest in the land and prima fact, shamilat deh of a village vests in the Gram Panchayat ; ot that village under the Punjab Village Common Lands (Regulation) Act, The Gram Panchayat was already a party to the proceedings. The applicants were not parties before the Collector. Relying on two decisions in Basalingappa Gowda v. Nagamma, AIR 1969 Mys 313 and Municipality, Nalgonda v. Hakeem Muhiuddin, AIR 1964 Andh Pra 305 he also held that the Civil Court had no jurisdiction to implead a person, to a reference, who was not a party before the Collector. He dismissed the application filed by the petitioners. They have now come up in the revision to this Court.

3. The answer to the question raised falls to be decided on a conspectus of the relevant provision of the Act. Under Section 9 of the Act the Collector is required to cause a public notice of the intention of the Government to take possession of land and inviting the persons interested to file,their claims and appear before the Collector personally or by an agent at the time and place mentioned therein and to state their respective interest in the land and the particulars of their claims to compensation. Under Section 11 of the Act, the Collector is enjoined to, make an enquiry and make an award regarding the area of the land; the compensation for the land and apportionment of compensation among the persons know or believed to be interested in the land of whose claims he had information whether or not they have appeared before him. Such an award, under Section 12 of the Act, shall be filed in the office of the Collector and shall be final.and conclusive evidence as between the Collector and the persons interested. Part IV of the Act prescribes the procedure for 'apportionment of. compensation'. Section 30 of the Act heads as under:

'Section 30: Dispute as to apportionment.-When the amount of compensation has been settled under.Section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as 'to the persons to whom the same or any part thereof is payable; the Collector may refer such dispute to the decision of the Court.

xx xx xx xx'

Section 53 of the Act lays down that the provisions of the Civil p. C. so far as they are not inconsistent with any provisions of the Act shall apply to all proceedings before the Court under the Act. It is reproduced be law:

'Section 53: Code ot Civil Procedure to apply to proceedings before Court: Save in so far as they may be inconsistent with anything. contained in this Act, the provisions of the Code of Civil Procedure shall apply to all proceedings before the Court under this Act.'

3 A. ' The petitioners did not. file any claim to this land. They did not appear before the Collector during the enquiry under Section 11 of the Act. The petitioners did not make any application under Section 30 before the Collector for apportionment of the compensation. An application was made by Amar Singh and he contended that there was a dispute between him end the Gram Panchayat regarding the apportionment of compensation of the land, in dispute. Reference had been made at the instance of Amar Singh who had impleaded the Gram Panchayat as a party.

4. Proceedings before the Court on a reference made by the Collector under.Section 30. are of e special nature. The Court 'can take cognizance of the dispute regarding apportionment of compensation of the acquired land, only on a reference and the enquiry is confined to a dispute between certain parties The Court cannot enlarge its scope by impleading others as parties. The persons who had not appeared before the Collector and staked any claim to compensation for the land, in dispute, and have, not raised any grievance as to the apportionment of compensation in the award of the Collector, and not come forward to join issue before the Court adjudicating on the reference. A Division Bench of the Andhra Pradesh High Court in Municipality, Nalgonda v. Hakeem Mohiuddin, AIR 1984 Andh Pra 305, while interpreting Section 25 of the Hyderabad Land Acquisition Act.which correspond; to Section 30 of the Act, observed a. follows:

'In an apportionment case referred:o the Court under Section 25 corresponding to Section 30 of the Indian Land A acquisition act), a person who had not appeared before the Taluqdar and whose name is not mentioned in the reference, cannot be added as a party to the proceedings before the Court nor can he urge his claim to compensation on that reference:' A similar view was taken in Mohammed Ibrahim Sahib v. Land Acquisition Officer, Bhimavaram, AIR 1958 Andh Pra 226 and Manjur Ahmed v. Rajlakshmi Dassi, AIR 1956 Cal 263. In fact this view has prevailed in the Calcutta High Court. over a long period of time. Mysore High Court in. Basalingappa Gowda v. Nagamma, AIR 1969 Mys 313 has expressed the same view that a court cannot implead a person, who have: appeared before the Land Acquisition Officer and did not figure as a claimant before him. The jurisdiction of the Court is derived from the reference made by the Collector under Section 30 of the Act. Only the disputants to the dispute in respect of which a reference has been made under Section 30 a e parties before the Court. The Collector in a dispute regarding apportionment has no jurisdiction to enquire into the title to the acquired land and, give a decision thereon. Only the civil court do so. Provisions of the Civil P. C. will apply to a reference under Section 30 only to the extent they are not inconsistent with the provisions of the Act. There is no general jurisdiction with the Court to bring on record additional parties as a civil court may do in the case of an ordinary civil suit. In a recent decision K. C. Aggarwal, J. of the Allahabad High Court in Tejdhari v. Baul, AIR 1981 All 47 has taken the same view. He has held that the power conferred on the Court under Section 30 is only in respect of a matter referred to by the Collector. It is not a Court of original jurisdiction entitled to entertain the dispute between the parties on its own. Its jurisdiction is confined to the matter referred. A person applying for impleadment can claim his right only through the party, the right of which had been referred to by the Collector for decision to the Court. A contrary view has been taken by a Division Bench of the Patna High Court in Mt. Sakalbaso Kuer v. Brijendra Singh, AIR 1 67 Pat 243. It has been held:

'Section 30 contemplates two types of cases to be referred to the Court by the Collector namely dispute regarding the apportionment of compensation and !he person to whom compensation is payable. If the dispute is as to the apportionment of the compensation, persons who have not come before the Collector during the proceedings for making the award, may not be permitted to come before the Court, because the dispute referred to the court is confined to the apportionment of the compensation amount. But, if the reference is in regard to the person to whom the compensation many is payable, the scope of the decision of the Court will be who are the persons who are entitled to receive the compensation. In such a case, although a person might not have been before the Collector during the proceedings for making the award. if that person is an 'interested person' within the meaning of the definition under the Act, the court can add such a person as a party in. deciding the reference as to whom the compensation amount is payable. For, under S. 53 of the Act, the provisions under O. 1, R. 10 of the Civil P. C. are clearly attracted to case of reference under Section 30 before the Court when the nature of the dispute under reference does no' change.' This view was not accepted by Justice Aggarwal. He did not accept that there was difference between the two types of eases. It seems that it was not pointed out by the parties to the Bench deciding Mt. Sakalbaso Kuer's case (supra) that the court gets jurisdiction to determine apportionment only on a reference made by the Collector. I am in respectful, agreement with the preponderant view enunciated by the Calcutta, Andhra Pradesh, Mysore and Allahabad High Courts. The order of the Additional District Judge s in consonance with law.

5. As a result, I find no merit in this revision petition and the same is dismissed but with no order as to costs.

6. Petition dismissed.


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