BHIMASANKARAM, KRISHNA RAO
Mohammed Ibrahim Sahib – Appellant
Versus
Land Acquisition Officer, Bhimavaram – Respondent
The legal document clarifies that the jurisdiction of the Court under the Land Acquisition Act is a specialized and limited one, primarily confined to considering objections raised by individuals who have not accepted the award and have formally sought a reference to the Court under Section 18 of the Act (!) (!) .
The Court emphasized that persons who have not made an application to the Collector for a reference under Section 18 are not entitled to intervene in proceedings or seek higher compensation, even if they are brought before the Court as non-applicant parties (!) . The scope of the Court’s inquiry is restricted to objections submitted by interested persons who have formally requested a reference (!) (!) .
Further, the Court held that merely being a party to the land acquisition award or being interested in the land does not automatically grant the right to intervene or seek additional compensation unless the person has filed an application under Section 18 (!) (!) . Persons who have not received notice or have not sought a reference cannot challenge the award through intervention in the proceedings (!) (!) .
The Court also clarified that the provisions of the Civil Procedure Code, such as the power to add parties under O. 1 R. 10, do not extend the Court’s jurisdiction to grant reliefs beyond those expressly provided for in the Land Acquisition Act (!) (!) .
In conclusion, only those persons who have formally filed an application under Section 18 of the Act and have not accepted the award are entitled to have their objections considered by the Court. Persons who have not made such applications or who were not parties to the award do not have the legal standing to intervene or claim higher compensation in these proceedings (!) (!) . The Court dismissed the civil revision petitions and related miscellaneous petitions, reaffirming the limited scope of its jurisdiction in land acquisition cases.
BHIMASANKARAM, J. :-
These civil revision petitions arise out of proceedings for the acquisition of some plots of land for the use of a college in Bhimavaram, West Godavari District. We disposed of on the 21st of February, 1957 certain appeals arising out of a reference made to the Sub-Court, Narasepur by the Land Acquisition Officer concerned with that acquisition. In the same judgment whereby he disposed of the reference, the learned Subordinate Judge also dealt with four interlocutory applications, one of them unnumbered, presented by certain persons who had not sought a reference from the Collector to the Court under S. 18 of the Land Acquisition Act.
The two civil revision petitions now before us are directed against the orders of the lower court on two of these interlocutory applications. C. R. P. No. 238 of 1952 is against the order in I. A. No. 896 of 1950 and C. R. P. No. 239 of 1952 is against the order in I. A. No. 1074 of 1950. Both these interlocutory applications purported to be made in O. P. No. 4 of 1950 which was how the reference above mentioned was registered and numbered.
In C. R. P. No. 238 of 1952 the petitioner has also filed an application for the admi
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