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1967 Supreme(Del) 120

High Court Of Delhi
COLLECTOR - Appellant
Versus
AMIN CHAND - Respondent
M.F. 49 of 1964
Decided On : 07/03/1967

Advocates Appeared:
Dharam Pal Sud, INDER SINGH, Mehar Singh

The jurisdiction of the District Judge under the Land Acquisition Act is limited to the consideration of objections raised by persons who have applied for enhancement of compensation under section 18 of the Act.

Headnote:

LAND ACQUISITION - COMPENSATION - JURISDICTION OF DISTRICT JUDGE - RELINQUISHMENT OF INTEREST - ESTIMATE OF COST OF CONSTRUCTION.

Fact of the Case:

The dispute in this case relates to the compensation for the superstructure of a house acquired under the Land Acquisition Act. The Collector awarded compensation to four co-owners, but only three of them applied for enhancement of compensation under section 18 of the Act. The District Judge allowed the enhancement, but the Collector appealed, arguing that he lacked jurisdiction to do so with respect to the one-fourth share of the co-owner who had not applied for enhancement.

Finding of the Court:

The court held that the District Judge did not have jurisdiction to enhance the compensation with respect to the one-fourth share of the co-owner who had not applied for enhancement. The court reasoned that the special jurisdiction enjoyed by the District Judge is circumscribed within the four corners of sections 18 to 22 of the Land Acquisition Act, and that under section 18, any person interested who has not accepted the award may apply to the Collector for reference of the matter for determination by the Court. The court further held that the three co-owners who had applied for enhancement could not represent the interests of the fourth co-owner who had not applied, and that the fourth co-owner's acceptance of the award made in her favor rendered the award final with respect to her one-fourth share.

Issues: 1. Whether the District Judge had jurisdiction to enhance the compensation with respect to the one-fourth share of the co-owner who had not applied for enhancement. 2. Whether the three co-owners who had applied for enhancement could represent the interests of the fourth co-owner who had not applied.

Ratio Decidendi: 1. The jurisdiction of the District Judge under the Land Acquisition Act is limited to the consideration of objections raised by persons who have applied for enhancement of compensation under section 18 of the Act. 2. Co-owners who have distinct and specified shares in the property cannot represent the interests of other co-owners who have not applied for enhancement of compensation.

Final Decision: The court partially allowed the appeal and reduced the award of the District Judge by Rs. 1,422. The compensation was held to be payable as follows: Rs. 1,712 each to Amin Chand, Mitter Dev, and Saradhu, and Rs. 290 to Rukmani. Each of the owners was also entitled to solatium at fifteen percent on the compensation awarded to them.

S. K. KAPUR

( 1 ) THE subject-matter of acquisition in this case is a house situate in Sundernagar within the Municipal limits. Before anything is said on the rival contentions, I would like to point out that Sundernagar is one of the places which has assumed considerable importance in view of Sutlej Beas Link Project.

( 2 ) THE dispute in this case relates only to the superstructure and not to the land on which it is built. The house was acquired under the Land Acquisition Act in pursuance of notification dated May 13, 1958, under section 4 of the said Act and the award was made by the Collector on January 16, 1962. The Collector fixed compensation at Rs. 1,160 which was enhanced by the learned District Judge to Rs. 6,848. It appears that the house was originally owned by Bijai Ram and Mohan. The Collector awarded compensation to Amin Chand son of Brjai Ram, Rukmani daughter of Mohan. Mitter Dev and Saradhu, son and widow of Mohan respectively. The Collector appor tioned compensation equally amongst four claimants. Out of the said four claimants, Amin Chand, Mitter Dev and Saradhu applied under section 18 of the said Act to the District Judge for enhancement of compensation. Rukmani was impleaded as a respondent and it was alleged in the application for reference that she had relinquished her interest in favour of the other three claimants. On an objection by the Collector that in the absence of a reference application by Rukmani no enhancement could be allowed with respect to her one fourth interest in the acquired property, the learned District Judge decided that Rukmani having relinquished her interest the three applicants could ask for revision of compensation with respect to the entire property. The learned District Judge, therefore apportioned the total compensation between the three applicants namely Amin Chand, Mitter Dev and Saradhu.

( 3 ) AGGRIEVED by the award of the learned District Judge, the Collector has filed an appeal in this Court and the first contention raised by the learned counsel for the appellant is regarding the jurisdiction of the District Judge to allow any increase in the compensation with respect to the one-fourth share of Rukmani. The learned counsel for the parties do not dispute that the aforementioned four persons have to be treated as co-owners because each one of them got one-fourth share in the compensation. On behalf of the appellant the main contention is that no relinquishment having been proved the award of the Collector to the extent of Rukmani's share became final. The special jurisdiction enjoyed by District Judge is circumscribed within the four corners of sections 18 to 22 of the said Act. Under section 18 any person interested who has not accepted the award may apply to the Collector in writing for reference of the matter for determination by the Court

"whether his objection be to the measurement by the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. "section 20 enjoins the Court to serve notice on the applicant, the persons interested and in certain cases the Collector, "specifying the day on which the Court will proceed to determine the objection. " The words "the objection" in section 20 has reference to the 'objection' of the applicant under section 18. The jurisdiction of the Court, therefore, arises when a specific objection has been taken to the Collector's award. It is confined to the consideration of that objection. The Court does not exercise appellate powers over the Collector. The scheme of the Act indicates, which indication has the support of inherent reasonableness that persons who have not applied for a reference even though they are brought before the Court cannot be allowed to ventilate their own grievance against the award. Persons interested even though parties to the award but not satisfied therewith cannot intervene in a reference at some one else's instance and ask














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