Full Judgment Text
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PETITIONER:
ARULMIGHU LAKSHMINARASIMHASWAMY TEMPLESINGIRIGUDI
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 02/09/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
On the admitted facts, the approach of both the learned
single Judge and of the Division Bench in the writ petition
and the W.A. No. 1358/95 indicated in the impugned order
made on January 30, 1996 cannot be sustained. Notification
under Section 4(1) of the Land Acquisition Act. 1894 was
published on June 4, 1987 acquiring the land in question for
the public purpose. After compliance of the notice under
Sections 9 and 10 of the Act and enquiring the award came to
be passed by the land Acquisition Office on February 7,1990.
The possession thereafter was taken on October 30, 1990. The
question, therefore, would be what would be the proper
procedure to be adopted, in case of dispute as to the title
of the land acquired under the Act ? The learned single
Judge declared title of the petitioner in the writ petition
and the Division Bench directed civil Court to decide the
title. Both views are obviously erroneous in law. The Land
Acquisition Officer has to determine the extent of the land,
the persons entitled to compensation and the compensation
to be determined under Section 23 (1) of the Act. If he
finds that there is any dispute as to person entitled to
receive the compensation, necessarily he has to deposit the
amount under Section 31 of the Act into the Court to which
reference would lie. On such a dispute having arisen, he has
to make a reference to the Court under Section 30 of the Act
to decide the dispute between the Competing persons who set
up rival title to the compensation. Under those
circumstances, the only legal course open is that a
direction be issued to the Land Acquisition Officer to make
a reference under Section 30 to decide the inter se title to
receive the compensation either by the appellant or by the
4th respondent, as the case may be and the reference Court
would decide the matter in accordance with law.
The appeal is accordingly allowed. The orders passed by
the learned single Judge and the Division Bench stand set
aside. The Land Acquisition Officer is directed to make a
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reference to the Court under Section 30. We are informed
that the compensation has already been deposited in interest
earning security Therefore, if the parties so require, the
reference Court may be approached in this behalf or the
order of the learned single Judge may conclude in force till
the reference is decided in accordance with law. The latter
would be the appropriate course. No costs.