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2019 DIGILAW 660 (SC)

Collector Of Land Acquisition v. Andaman Timber Industries

2019-02-14

A.M.SAPRE, L.NAGESWARA RAO

body2019
ORDER 1. Having heard the learned counsel for the parties and on perusal of the record of the case, we are of the view that the proper remedy of the respondent in these cases is to pray for making a reference to the civil court under Section 18 of the Land Acquisition Act, 1894 for redetermination of the compensation awarded to them under the third award in question. 2. We, therefore, grant liberty to the respondent to approach the Collector concerned within one month from today and pray for making a reference to the civil court under Section 18 of the Act to enable the civil court to redetermine the compensation payable to the respondent in respect of their land in accordance with law. The Collector will then refer the case to civil court for redetermination of the compensation by the civil court. 3. Needless to say the reference court will decide all issues arising in the reference in accordance with law after taking into considerations the objections raised by the parties. 4. In the light of the order that we have passed, we find no good ground to interfere in the impugned judgment having regard to the entire controversy except to the extent of granting liberty to the respondent to take recourse to the remedy as mentioned above. 5. With this liberty and observation, I.A.No.82828/2018 in C.A.No.1810 and contempt petition stands disposed of.