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2013 DIGILAW 2067 (ALL)

KRISHANPURI GOSWAMI v. STATE OF U. P.

2013-08-08

SHIVA KIRTI SINGH, VIKRAM NATH

body2013
JUDGMENT By the Court.—This petition under Article 226 of the Constitution of India has been filed with a prayer to quash the orders dated 23.1.2012 and 2.7.2013, passed by the Additional District Magistrate (Land Acquisition)/Special Officer (Land Acquisition), Yamuna Expressway Industrial Development Authority-respondent No. 4, filed as Annexures No. 15 and 21 respectively to the writ petition. Further prayer made is to issue necessary directions to the aforesaid Authority, i.e. respondent No. 4, to refer the controversy involved between the petitioner and the private respondent Nos. 5 to 8 with regard to apportionment of compensation to the District Judge, Gautam Budh Nagar, under Section 30 of the Land Acquisition Act, 1894. 2. The dispute relates to four Khatas of Village Bhatta, Tehsil Sadar, District Gautam Budh Nagar, viz., (i) Khata No. 235, comprising of plot No. 764, area 0.2440 hectares, (ii) Khata No. 232, comprising of plot No. 767, area 0.3800 hectares, (iii) Khata No. 253, comprising of plot No. 765, area 0.2670 hectares and (iv) Khata No. 249, comprising of plot No. 760, area 0.7970 hectares. 3. Petitioner and respondent Nos. 5 to 8 are real brothers. Their father late Parmanandpuri Goswami was recorded Bhumidhar of the plots in dispute referred to above. Upon the death of the father of the petitioner a dispute arose as he had executed a will dated 25.5.2009, whereby he had provided that in Khata No. 235, comprising of plot No. 764, area 0.2440 hectares, all his five sons i.e. petitioner and respondent Nos. 5 to 8 would inherit equal share, whereas in the remaining three Khatas referred to above, only his other four sons, i.e. respondent Nos. 5 to 8, would be entitled to inherit. On the basis of said will, respondent Nos. 5 to 8 applied for mutating their names in the revenue records over the three Khatas exclusively given to them and jointly with the petitioner in one Khata i.e. Khata No. 235. As apparently no objections were filed to the said application, an order was passed by the Naib Tehsildar on 29.5.2010 directing for recording the names in the revenue entries to be substituted as per the will dated 25.5.2009. 4. On coming to know of the mutation order dated 29.5.2010, the petitioner applied for its recall on the ground that he had not been heard. 4. On coming to know of the mutation order dated 29.5.2010, the petitioner applied for its recall on the ground that he had not been heard. The Naib Tehsildar, Dankaur, District Gautam Budh Nagar, vide order dated 4.9.2010, recalled the ex parte order dated 29.5.2010. Thereafter, it appears that despite several opportunities when the petitioner failed to lead evidence and further as a recall application was filed by the respondent Nos. 5 to 8, the Naib Tehsildar, vide order dated 24.6.2011, recalled the order dated 4.9.2010 and restored the original order dated 29.5.2010. Thereafter, the Naib Tehsildar, vide order dated 20.1.2012, again upon an application being filed by the petitioner recalled the order dated 24.6.2011 and fixed 27.1.2012 for evidence. 5. Finally after considering the evidence adduced by the parties, the Naib Tehsildar, vide order dated 28.3.2013, came to the conclusion that the petitioner’s objection had no merits and accordingly restored the entries as per order dated 29.5.2010. Against the order dated 28.3.2013, the petitioner preferred an appeal under Section 210 of the U.P. Land Revenue Act, 1901 in the Court of Deputy Collector, Tehsil Sadar, District Gautam Budh Nagar, which is said to be still pending. 6. In the meantime, the petitioner had also instituted a suit for cancellation of the will dated 25.5.2009 in the Court of Civil Judge (Senior Division), District Gautam Budh Nagar, registered as Original Suit No. 671 of 2010. In the said suit the respondent Nos. 5 to 8 who were arrayed as defendants No. 1 to 4, have filed their written statements. Further, the Land Acquisition Officer, Yamuna Expressway Industrial Development Authority, was also arrayed as defendant No. 5. The application of the petitioner for grant of ad-interim injunction during the pendency of the civil suit has apparently been rejected by the Trial Court, vide order dated 6.5.2011. The petitioner claims to have preferred a miscellaneous appeal against the said order, which is said to be pending. 7. Further in the year 2009, the land comprised in the four Khatas was acquired under the provisions of the Land Acquisition Act, 1894 (in short referred to as ‘the Act’) for the benefit of the Yamuna Expressway Industrial Development Authority. Notification under Section 4(1) read with Sections 17(1) and 17(4) of the Act was published on 4.11.2009. The declaration under Section 6(1) of the Act was published on 23.3.2010. Notification under Section 4(1) read with Sections 17(1) and 17(4) of the Act was published on 4.11.2009. The declaration under Section 6(1) of the Act was published on 23.3.2010. According to the records, the land acquired has since been transferred to the beneficiary, i.e. the Yamuna Expressway Industrial Development Authority, on 20.7.2010. Admittedly, award under Section 11 of the Act has not been made so far. 8. The petitioner apprehending that the compensation of the land acquired may be released in favour of respondent Nos. 5 to 8 as per the entries in the revenue records, filed objections before the respondent No. 4 on 5.7.2010, 6.6.2011, 12.7.2011 and 18.11.2011. In sum and substance, the prayer made in these applications was to the effect that the will dated 25.5.2009 was not a valid will and its correctness had already been challenged before the Civil Court in Suit No. 671 of 2010 ; the orders passed in the mutation proceedings were subjudice in a pending appeal before the Sub-Divisional Officer, Tehsil Sadar, District Gautam Budh Nagar, as such, the payment of compensation as per the will and the revenue entries may not be made, rather the matter may be referred to the District Judge under Section 30 of the Act for apportionment. 9. The Additional District Magistrate-respondent No. 4, after giving notice to the respondent Nos. 5 to 8 and after considering the material placed before him, passed a detailed order on 23.1.2012 and disposed of the objections raised by the petitioner by following the contents of the will dated 25.5.2009 which had been incorporated in the revenue records also. The operative portion of the order passed by the respondent No. 4 provided that the petitioner and respondent Nos. 5 to 8 would receive the compensation with regard to Khata No. 235, comprising of plot No. 764, area 0.2440 hectares jointly and for the remaining three Khatas, namely Khata Nos. 232, 253 and 249 only the respondent Nos. 5 to 8 would be entitled to compensation. This order was passed at the time when the proceedings before the Naib Tehsildar regarding mutation and recall of the orders were still pending. 10. 232, 253 and 249 only the respondent Nos. 5 to 8 would be entitled to compensation. This order was passed at the time when the proceedings before the Naib Tehsildar regarding mutation and recall of the orders were still pending. 10. It appears that the petitioner after filing the appeal against the final order passed by the Naib Tehsildar on 28.3.2013, preferred two further objections dated 24.4.2013 and 20.6.2013 again praying therein, that the compensation may not be released in favour of respondent Nos. 5 to 8 and the matter may be referred to the District Judge under Section 30 of the Act. Both these applications were again considered by the Additional District Magistrate-respondent No. 4 and rejected as not maintainable, on the ground that earlier a detailed order had already been passed on 23.1.2012, which was in accordance with the revenue entries. It is the aforesaid two orders of the Additional District Magistrate-respondent No. 4 which are under challenge, with a further prayer to issue necessary directions for referring the matter under Section 30 of the Act. 11. We have heard Sri Abhinav Mehrotra, learned counsel for the petitioner, learned Standing Counsel representing respondent Nos. 1, 3 and 4, Sri Suresh Singh, learned counsel representing Yamuna Expressway Industrial Development Authority-respondent No. 2 and Sri Ram Surat Saroj, learned counsel representing respondent Nos. 5 to 8 who has put in appearance through a caveat. 12. The issue which arises in this case is whether the Special Land Acquisition Officer or the Collector under The Land Acquisition Act 1894, has any authority under law to pass orders deciding objections with regard to ownership or claim over the acquired land for the purposes of payment of compensation to the interested and entitled persons. 13. At the outset, we may refer in brief to the scheme of the Act with relevant provisions relating to compensation and its payment to the eligible persons. Section 11 of the Act provides for making an award. It reads as follows : “11. 13. At the outset, we may refer in brief to the scheme of the Act with relevant provisions relating to compensation and its payment to the eligible persons. Section 11 of the Act provides for making an award. It reads as follows : “11. Enquiry and award by Collector.—[(1)] On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 9 to the measurements made under Section 8 and into the value of the land [at the date of the publication of the notification under Section 4, sub-section (1)], and into the respective interest of the persons claiming the compensation, and shall make an award under his hand of,- (i) the true area of the land ; (ii) the compensation which in his opinion should be allowed for the land ; and (iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him : Provided that no award shall be made by the Collector under this sub-section without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorize in this behalf : Provided further that it shall be competent for the appropriate Government to direct that the Collector may make such award without such approval in such class of cases as the appropriate Government may specify in this behalf. [(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement. (3) The determination of compensation for any land under sub-section (2) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act. (3) The determination of compensation for any land under sub-section (2) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act. (4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to registration under that Act].” 14. Section 11 (1) of the Act requires enquiry by the Collector into the objections (if any) which any person interested has submitted pursuant to a notice under Section 9 of the Act. The award after such enquiry is required to be of - (i) the true area of the land; (ii) the compensation to be allowed for the land and (iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him. 15. Further Sections 18 and 30 of the Act give the power to the Collector to make a reference to the Court where disputes relating to measurement of the land, amount of compensation, the persons to whom it is payable and apportionment of the compensation among the interested persons are raised. Both the Sections 18 and 30 of the Act are reproduced below : “18. Reference to Court.—(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. (2) The application shall state the grounds on which objection to the award is taken : Provided that every such application shall be made,- (a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award ; (b) in other cases, within six weeks of the receipt of the notice from the Collector under Section 12, sub-section (2), or within six months from the date of the Collector’s award, whichever period shall first expire. 30. 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.” 16. In view of aforesaid provisions and particularly in view of the admitted position that the award under Section 11 of the Act has not been made, the issue whether the objections filed by the petitioners should be entertained by the respondent No. 3 as a valid objection either under Section 18 or under Section 30 of the Act has to be left to the discretion of respondent No. 3, the Collector under the Act. Proviso to Section 18 (2) of the Act prescribes a time period within which an application raising objections to the award is required to be made. Section 30 of the Act does not contain any such limitation because it does not require filing of any application/objection. A dispute as contemplated by Section 30 of the Act with regard to apportionment of the amount of compensation may be referred by the Collector to the Court at the time of making the award under Section 11 of the Act when the amount of compensation has been settled but not the issue of apportionment. 17. The Act further takes care of payment of compensation to the persons interested under Section 31 thereof where an award under Section 11 of the said Act has been made. Further Section 17 (3-A) of the Act deals with the payment of 80% of the compensation to the person interested before taking possession where the urgency clause has been invoked but no award has been made under Section 11 of the Act. Both the aforesaid Sections viz., 17 and 31 of the Act are reproduced below : “17. Special powers in case of urgency.—(1) In cases of urgency whenever the [appropriate Government] so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in Section 9, sub-section (1). [take possession of any land needed for a public purpose]. Such land shall thereupon [vest absolutely in the [Government], free from all encumbrances. [take possession of any land needed for a public purpose]. Such land shall thereupon [vest absolutely in the [Government], free from all encumbrances. (2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway Administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or accesses to any such station, [or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the [appropriate Government], enter upon and take possession of such land, which shall thereupon [vest absolutely in the [Government] free from all encumbrances : Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours’ notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience. (3) In every case under either of the preceding sub-sections the Collector shall, at the time of taking possession, offer to the persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not expected in Section 24, and in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained. [(3-A) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall, without prejudice to the provisions of sub-section (3),— (a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and (b) pay it to them, unless prevented by some one or more of the contingencies mentioned in Section 31, sub-section (2). and where the Collector is so prevented, the provisions of Section 31, sub-section (2), (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section. (3-B) The amount paid or deposited under sub-section (3A), shall be taken into account for determining the amount of compensation required to be tendered under Section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under Section 11, the excess may, unless refunded within three months from the date of the Collector’s award, be recovered as an arrear of land revenue]. [(4) In the case of any land to which, in the opinion of the [appropriate Government], the provisions of sub-section (1) or sub-section (2) are applicable, the [appropriate Government] may direct that the provisions of Section 5-A shall not apply, and, if it does so direct, a declaration may be made under Section 6 in respect of land at any time [after the date of the publication of the notification] under Section 4, sub-section (1). “31. Payment of compensation or deposit of same in Court.—(1) On making an award under Section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section. (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under Section 18 would be submitted : Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount : Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under Section 18 : Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. (3) Notwithstanding anything in this section, the Collector may, with the sanction of the [appropriate Government], instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, the remission of land-revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned. (4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof.” 18. Under both the aforesaid situations sufficient safeguard has been provided for release of compensation where there are disputes relating to title or otherwise of apportionment. Under Section 31 (2) of the Act, it is provided that where there is any dispute to the title to receive the compensation or to the apportionment the Collector shall deposit the amount of compensation in the Court to which a reference under Section 18 of the Act would be submitted. Further clause (b) of Section 17 (3-A) of the Act provides that if the Collector is prevented by one or more of the contingencies mentioned in Section 31 (2) of the Act then the said provisions would apply, which means that in this case also the compensation would be deposited with the Court where reference under Section 18 of the Act would be submitted. Thus, we are of the view that the power is vested with the Collector under the provisions of the Act in both the aforementioned provisions relating to payment of compensation to provide protection to the parties claiming interest in the land. 19. Thus, we are of the view that the power is vested with the Collector under the provisions of the Act in both the aforementioned provisions relating to payment of compensation to provide protection to the parties claiming interest in the land. 19. As noted above, Section 17 (3-A) of the Act requires tendering of 80% of the compensation for such land as estimated by the Collector even before making of the award under Section 11 thereof referred to in sub-section (3-B) of Section 17 thereof but while making such payment, Section 31 (2) thereof has been made applicable and as a result, inter alia, if there be any dispute as to the title to receive the compensation or as to the apportionment thereof, the Collector shall deposit the 80% amount of the estimated compensation in the Court to which a reference under Section 18 thereof would be submitted. In other words, the provisions of making a reference with regard to dispute of apportionment at the stage of making the award under Section 11 of the Act as per provisions of Section 30 thereof as well as reference of a dispute under Section 18 thereof on account of an application raising objections have been incorporated even with respect to provisions under Section 17 thereof. 20. The aforesaid relevant aspects arising from provisions under the Act have to be kept in mind by the Collector and in case of a dispute requiring reference under Section 30 or Section 18 of the Act, he has to resort to provisions of Section 31 thereof. Even if, under some peculiar circumstances payment of compensation has been made to a person interested in the land but a dispute arises and is found fit to be referred under Section 18 of the Act, the Collector is required to refer such dispute because 3rd proviso to Section 31 (2) thereof provides that nothing contained thereunder i.e. Section 31, shall affect the liability of any person, who may have received the whole or any part of any compensation awarded under this Act to pay the same to the person lawfully entitled thereto. 21. 21. In view of factual matrix of the case and relevant provisions in the Act, the petitioners have to satisfy the Collector under the Act that the dispute raised by them is covered either Section 30 or Section 18 thereof and has to be referred to the Court for appropriate decision. Only on such satisfaction, the Collector is required to act one way or the other in accordance with Section 31 of the Act. In cases where the dispute requires reference to the Court, the Collector is required to deposit the amount of compensation in the Court to which a reference would be submitted. As to whether the whole or part of the compensation amount is to be deposited with the Court shall depend upon the nature of the dispute or claim found fit for reference to the Court. 22. In the present case, admittedly, the award under Section 11 of the Act has not been made as such the filing of application under Section 18 of the Act for reference to Court or a reference being made by the Collector under Section 30 of the Act would not arise. 23. Part V of the Act provides for payment of compensation. Section 31 of the Act deals with the payment of compensation or deposit of same in Court. Sub-section (1) of Section 31 of the Act raises an obligation on the Collector to tender payment of the compensation awarded by him to the persons interested and entitled thereto according to the award, and shall pay it to them unless prevented by someone or more of the contingencies mentioned in sub-section (2) thereof. Sub-section 2 provides that if the person interested do not consent to receive it, or if there is no person competent to alienate the land, or if there is any dispute as to its title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of compensation in the Court to which a reference under Section 18 would be submitted. 24. 24. Since in the present case, the award under Section 11 of the Act has not been made as yet, the only other contingency where the compensation or its part could be released, would be under the provisions of Section 17 of the Act, which deals with special powers in case of urgency where possession can be taken within fifteen days from the publication of the notice under Section 9(1) of the Act, without there being any award under Section 11 of the Act. In such cases where urgency clause under Section 17 of the Act has been invoked, sub-section (3A) provides that the Collector shall before taking possession under sub-section (1) or sub-section (2) and without prejudice to the provisions of sub-section (3), tender payment of 80% compensation estimated by him to the persons interested and entitled thereto. However, clause (b) of Section 17(3-A) of the Act provides that the amount would be paid unless prevented by one or more of the contingencies mentioned in Section 31(2) of the Act and if any of those contingencies exist, the Collector would be prevented from making the payment and the provisions of Section 31(2) would apply which would again result into the same situation that the amount of compensation would be deposited with the Court to which a reference under Section 18 would be submitted. 25. In the present case, from a clear understanding of the aforesaid scheme as laid out in the Act, it is evident that the Collector has no power to decide the claim regarding title or apportionment and the only course open to him is to deposit the amount of compensation whether awarded under Section 11 of the Act or being the 80% of the estimated amount under Section 17(3-A) of the Act with the Court to which the reference under Section 18 of the Act would be submitted. The Act under its scheme does not vest any right in the Collector to decide the disputes of title or apportionment. It has to be decided by the Court defined under the Act. Thus, we find that the order passed by the Additional District Magistrate-respondent No. 4, deciding the claim of the parties as to their entitlement, is without jurisdiction. 26. In the case of Dr. It has to be decided by the Court defined under the Act. Thus, we find that the order passed by the Additional District Magistrate-respondent No. 4, deciding the claim of the parties as to their entitlement, is without jurisdiction. 26. In the case of Dr. G.H. Grant v. State of Bihar and others, AIR 1966 SC 237 , relied upon by the petitioner, the Apex Court has held as follows in the last few paragraphs : It was strongly pressed that under s. 31 of the Land Acquisition Act the Collector is bound to tender payment of compensation awarded by him to the persons entitled’ thereto according to the award and that implied that a right in the amount of compensation arises to the person to whom compensation is directed to be paid under the award, and therefore the only persons who can raise a dispute under s. 30 are those whose names are set out in the award. This contention stands refuted by the plain terms of s. 30. The Collector is not authorised to decide finally the conflicting rights of the persons interested in the amount of compensation: he is primarily concerned with the acquisition of the land. In determining the amount of compensation which may be offered, he has, it is true, to apportion the amount of compensation between the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have appeared before him. But the scheme of apportionment by the Collector does not finally determine the rights of the persons interested in the amount of compensation: the award is only conclusive between the Collector and the persons interested and not among the persons interested. The Collector has no power to finally adjudicate upon the title to compensation, that dispute has to be decided either in a reference under s. 18 or under s. 30 or in a separate suit. Payment of compensation therefore under s. 31 to the person declared by the award to be entitled thereto discharges the State of its liability to pay compensation (subject to any modification by the Court), leaving it open to the claimant to compensation to agitate his right in a reference under s. 30 or by a separate suit. 27. Payment of compensation therefore under s. 31 to the person declared by the award to be entitled thereto discharges the State of its liability to pay compensation (subject to any modification by the Court), leaving it open to the claimant to compensation to agitate his right in a reference under s. 30 or by a separate suit. 27. Further a Division Bench of this Court in the case of Omvir Singh and others v. State of U.P. and others, (2004) 1 AWC 897 , has followed the law laid down in the case of Dr. G.H. Grant (supra) and held that the Additional District Magistrate would have no power or jurisdiction to decide inter-se title of the parties or to apportion the amount of compensation. 28. The only limited scope available to the Collector not to refer a dispute of title or apportionment is in a case where on facts he can give a finding that the objection is wholly without merits as per settled law and, therefore, lacks bona fide. For this proposition, reference may usefully be made to the judgements of the Apex Court in the case of Dr. G.H. Grant v. State of Bihar and others, AIR 1966 SC 237 and in the case of Arulmighu Lakshminarasimhaswamy Temple Singirigudi v. Union of India and others, (1996) 6 SCC 408 and Division Bench of this Court in the case of Prem Raj Singh v. State of U.P. and others, 2009(5) ADJ 721 (DB) and in the case of Sheoraj Singh v. State of U.P. and others, 2012 (94) ALR 599 (DB). But such finding is not possible in the facts of this case. 29. In view of the above discussion, the writ petition is liable to be allowed to the extent that both the impugned orders are liable to be quashed as being contrary to the law noticed earlier. 30. The other relief claimed by the petitioner for direction to the Additional District Magistrate-respondent No. 4 to refer the dispute under Section 30 of the Act, is misconceived, rather premature. The stage of reference will arise only where an award has been made under Section 11 of the Act. It is only in the situation where the award is made that the reference can be made suo motu by the Collector under Section 30 of the Act or upon an application under Section 18 of the Act. The stage of reference will arise only where an award has been made under Section 11 of the Act. It is only in the situation where the award is made that the reference can be made suo motu by the Collector under Section 30 of the Act or upon an application under Section 18 of the Act. However, in view of application of the provisions of Section 31(2) of the Act under the provisions of Section 17(3-A)(b) of the Act is concerned, the Collector is obliged to deposit 80% of the estimated compensation lying with the Court concerned where the reference under Section 18 of the Act would be submitted. In any case, the amount of compensation which is disputed cannot be distributed or released in favour of any party. 31. In the present case, the claim of the petitioner is only of 1/5th of the total compensation determined with regard to the four Khatas. The Collector may thus consider releasing of compensation determined for Khata No. 235, comprising of plot No. 764, area 0.2440 hectares, to be paid equally to the petitioner and respondent Nos. 5 to 8 and with regard to the other three Khatas, 1/5th of the compensation determined should be deposited with the Court and the remaining could be paid to the respondent Nos. 5 to 8. The amount deposited with the Court would be subject to final outcome of the litigation between the parties to be finally adjudicated by the competent Court having jurisdiction. The writ petition stands allowed as above.