JUDGMENT :

This appeal is by the Union of India arising out of a writ petition in proceedings under the Land Acquisition Act, 1894 where the appellant was not made a party and the writ petition was allowed vide impugned judgment dated 7th of May, 2014 in C.W.J.C. No. 20058 of 2012 and other analogous cases and in compliance whereof proceedings under the 2013 Act were drawn up and orders were passed in exercise of powers under Section 64 of the 2013 Act, thereby considerably enhancing the amount of compensation payable to the respondent-petitioners applying the rates as per the new Act. The appeal had been entertained and notices were issued on 17th of April, 2018 and, simultaneously, an interim order was passed staying the operation of the impugned judgment.

2. The order dated 17th of April, 2018 is extracted here-in-under:-

“Issue notice to the respondents on the memorandum of appeal and on I.A. Nos. 2477 of 2018, both under registered cover with A/D and by ordinary process, on requisites etc. within two weeks, returnable within four weeks.

List for analogous hearing along with L.P.A. No. 1731 of 2017.

In the meanwhile, all actions and further proceedings before the Presiding Officer, Land Acquisition & Rehabilitation Authority, Patna, in furtherance to the impugned order passed on 07.05.2014 by the learned Writ Court in the writ petition in question, shall remain stayed till the next date.”

3. Thereafter vide order dated 18th December, 2018 leave to appeal was granted to the appellant and the delay in the filing of the appeal was condoned where after the respondents were called upon to file their response. The interim order extracted hereinabove was directed to continue until further orders.

4. The matter was thereafter taken up and, ultimately, after hearing the learned counsel for the parties, a direction was issued to list the matter for delivery of judgment on the date fixed.

5. The background in which the present appeal has been filed is that the Ministry of Defence, Government of India, for the setting up of an Ordnance Factory at Rajgir, District- Nalanda, Bihar, required land. For this, acquisition process was set into motion and on 15th of September, 1999 a notification under Section 4 of the Land Acquisition Act, 1894 was issued, followed by a Section 6 notification simultaneously invoking the provisions of Section 17(4) of the said Act.

6. The sanction was granted by the Central Government for deposit of the amount of 80 per cent. This amount was deposited and further steps were taken for acquisition of 50 acres of land for rehabilitation of the displaced persons on the land that was acquired for the Ordinance Factory.

7. According to the appellant, the District Land Acquisition Officer, on 12th of June, 2001, pronounced an award. The respondent had every knowledge of the said proceeding, but since there was a dispute with regard to the ownership and the extent of compensation payable, a reference was made under Section 30 of the 1894 Act on 12th of October, 2002 vide letter dated 21.10.2002 for being adjudicated by the concerned Court at Nalanda, Biharsharif, Prior to this, possession of the land was taken over on 6th July, 2002. The balance of the 20% amount was also deposited by the appellant with the respondent Collector.

8. On 30th January, 2010, the reference under Section 30 was answered whereby the claim of the respondents was accepted and a direction was issued to apportion the award accordingly.

9. A notice was issued under Section 12(2) of the 1894 Act on 24th April, 2010 calling upon the respondents to receive the award of the land stated therein.

10. The respondent-petitioners thereafter moved an application on 24th May, 2010 to exercise their right for making a reference under Section 18 of the 1894 Act. The fact that an award was passed on 12th June, 2001 was accepted in the said proceedings, but the amount awarded was disputed contending that the respondent-petitioners were entitled to payment of compensation a