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Madhya Pradesh High Court · body

2000 DIGILAW 905 (MP)

M. P. Housing Board v. State of M. P.

2000-08-28

V.K.AGRAWAL

body2000
This appeal is directed against the award dated 25.4.1996 in Land Acquisition Case No. 1/1989 by II Additional District Judge, Durg whereby an award has been granted enhancing the same on reference under section 18 of the Land Acquisition Act. 1894 (hereinafter referred to as the Act for short). It is not in dispute that the respondents 2 and 3 are the owner, of the suit-land, which was acquired by the respondent No.1. State of Madhya Pradesh by Notification dated 11.7.1986, The Land Acquisition Officer awarded compensation in favour on the respondents 2 and 3. Not feeling satisfied, the owners of the land, respondents 2 and 3 preferred a petition under section 18 of the Act. Accepting the reference, the amount of compensation was enhanced by the reference Court. Learned counsel for the appellant has submitted that the amount of compensation as awarded by the Impugned order, shall have to be paid by the appellant on behalf of whom the land of the respondents 2 and 3 was acquired. However, the appellant was not made a party in the reference Court. Therefore, the appellant has no opportunity of resisting the petition of reference. It was contended that as the appellant had no opportunity of being heard, he deserved such an opportunity. The learned counsel for the appellant has placed reliance on U. P. Awas Evam Vikas Parishad v. Gyan Devi (Dead) by LRs. and others [(1995) 2 SCC 326] wherein it has been observed that section 52 of the Act enables the local authority to appear in any acquisition proceedings at the stage of determination of compensation before the Collector or the reference Court, and adduce evidence for the purpose of determining the amount of compensation. The object underlying the aforesaid provision appears to be to safeguard and protect the interest of the local authority to pay the amount of compensation, It was further observed therein that the local authority for whom the land was acquired has a right to participate III the acquisition proceedings, in the matter of determination of the amount of compensation and to adduce evidence in the said proceedings. It can defend the award and oppose the enhancement of the amount of compensation before the reference Court. It can defend the award and oppose the enhancement of the amount of compensation before the reference Court. In view of the above, it is clear that the appellant was entitled to an opportunity to resist the prayer of the claimants/respondents 2 and 3 for enhancement of compensation. It was entitled to adduce evidence and to be heard on the said aspect of the matter. That opportunity admittedly was not given to the appellant by the reference Court. In the circumstances, this appeal deserves to be and is hereby allowed. The impugned-award is set-aside. The reference Court is directed to permit the appellant to be impleaded in the reference proceedings as has been prayed by it. The Reference Court thereafter shall proceed to decide the reference and pass an award afresh, after affording the parties opportunity of adducing evidence and hearing them. In view of the old pendency of the matter, the reference Court is directed to proceed with the reference expeditiously. It is hoped that it shall dispose of the reference within the upper limit of six months from today. The parties shall appear before the reference Court on 28.9.2000 without further notice III this regard.