A person for whose benefit land is acquired under the Land Acquisition Act is not a party to the proceedings and has no right to appeal against the awards of the lower court enhancing the compensation.

O. CHINNAPPA REDDY, J.

( 1 ) PURSUANT to a notification issued under Section 4 (1) of the Land Acquisition Act a vast extent of land was acquired by the Government in connection with establishing the Agricultural University at Rajendranagar. The Land Acquisition Officer made his awards. The erstwhile owners of the land who were not satisfied with the compensation awarded by the Land Acquisition Officer sought references to the court under Section 18 of the Land Acquisition Act. The Court made awards in the several references enhancing the compensation. The Government did not prefer appeals against the awards of the lower Court, but the Agricultural University for whose benefit the land was acquired has preferred these appeals after obtaining leave to appeal from this Court. Leave was granted ex parte, without notice to the claimants. When the appeals came up before me the claimants raised a preliminary objection regarding the maintainability of the appeals. Though leave was granted by this Court it was very rightly conceded by Sri Babulu Reddy that it was open to the Respondents to raise the preliminary objection since leave had been granted ex parte.

( 2 ) IN order to appreciate the objection raised by the respondents it is necessary to refer to the provisions of the Land Acquisition Act. Section 4 of the Land Acquisition Act enables the Government to publish a notification stating that land in a locality is needed for a public purpose. On the publication of such notice stating that the land is needed for a public purpose or a company any person interested in the land may, under Section 5-A object to the acquisition of the land. The objection shall then be considered by the Government. Thereafter a declaration shall be made under Section 6 to the effect that any particular land is needed for a public purpose or for a Company. Before taking possession of that land, Section 9 requires the Collector to give public notice that the Government intends to take possession of the land and that claims to compensation may be made to him. Claims, for compensation are thereafter required to be considered and the Collector is required to make his award. On making his award, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto. After the Collector has made the award he may take possession of the land which well thereupon vest absolutely in the Government (Vide-Sec. 16 ). Any person interested who does not accept the award may, under Section 18 , require the Collector to make a reference to the Court for the determination of the compensation. The Court shall thereafter determine the compensation to be awarded and make its award. Section 50 provides that where the acquisition is to be awarded and make its award. Section 50 provides that where the acquisition is to be made at the cost of any fund controlled or managed by a local authority or company concerned may appear and adduce evidence before the Collector or Court for the purpose of determining the amount of compensation subject to the proviso that no such local authority or company shall be entitled to demand a reference under Section 18. It may not be out of place to mention here that the Agricultural University is neither a company nor a local authority. Section 54 provides for an appeal to the High Court form the award of the Court hearing the reference under Section 18 of the Act , Part VII of the Act deals with acquisition of land for companies and provided for agreements to be entered into by the company with the Government for the payment of the cost of the acquisition, among other matters. This brief survey of the provisions of the Act shows that the land is acquired by the Government, the land vests in the Government after acquisition , compensation has to be paid to the claimant by the Government and it is to be Government alone that a claimant must look for payment of compensation. If any issue is raised by the claiman

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