The Land Acquisition Judge must allow parties to file claims and objections before deciding on compensation, ensuring procedural fairness in land acquisition proceedings.

JUDGMENT :

1. Heard the parties.

2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree dated 13.03.2003 passed by the learned Additional District Judge-IV, Dhanbad in Title Appeal No. 56 of 1991.

3. The brief fact of the case is that a reference under Section 30 of the Land Acquisition Act, 1894 was made by the Land Acquisition Officer, Dhanbad to the Land Acquisition Judge, Dhanbad for deciding the right, title and interest of the applicant for the purpose of getting compensation awarded in respect of the land acquired in connection with the reference. The Land Acquisition Judge, Dhanbad registered the case as Land Acquisition Reference Case No. 44 of 1989. The respondents of this second appeal were the opposite parties of the said Land Acquisition Reference Case No. 44 of 1989. The opposite parties did not file any written objection against the claim made by the applicants, who are the appellants of this second appeal but they have adduced evidence even though there was no pleading on their part.

4. The Land Acquisition Judge, Dhanbad dismissed the reference on contest instead of answering the reference by deciding the right, title and interest of the applicants to get compensation; without giving any opportunity to the parties to file their respective statements of claim and the objection thereto from the rival party.

5. Being aggrieved by the judgment and decree dated 14.08.1991 passed in Land Acquisition Reference Case No. 44 of 1989 the applicant-appellant filed Title Appeal No. 56 of 1991 in the court of District Judge, Dhanbad which was ultimately heard and disposed of by the learned Additional District Judge-IV, Dhanbad by its judgment dated 13.03.2003 passed in Title Appeal No. 56 of 1991.

6. The learned first appellate court did not find any error in the judgment passed by the Land Acquisition Judge, Dhanbad in Land Acquisition Reference Case No. 44 of 1989 and dismissed the appeal.

7. At the time of Admission of this appeal, the following sole substantial question of law was framed vide order dated 09.07.2004 by the Predecessor Judge in the roster :-

“Whether the courts below could have decided the right, title and interest and compensation awarded in favour of the respondents in absence of any positive claim made by them by filing their objection/claim before the Land Acquisition Judge?”

8. Learned counsel for the appellants submits that as the respondents of this second appeal who were the opposite parties of the Land Acquisition Reference Case No. 44 of 1989 did not file any objection/claim so firstly the Land Acquisition Judge, Dhanbad ought not have allowed them to adduce any evidence in the absence of any pleading and secondly the Land Acquisition Judge, Dhanbad ought not have taken into consideration the evidence in the record put forth by the opposite parties, in the absence of any objection/claim made before the Land Acquisition Judge, Dhanbad by the opposite parties, in the absence of positive claim made by them. Hence, it is submitted that the judgment and decree passed by both the courts below be set aside.

9. Learned counsel for the respondents submits that the respondents had no occasion to file any objection/claim before the Land Acquisition Judge, Dhanbad.

10. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that a reference under Section 30 of the Land Acquisition Act regarding any dispute as to the person to whom the compensation is payable is really in the nature of an inter-pleader suit. The proceeding is a combination of as many suits as there are claims and each claimant is both plaintiff and defendant. The proper procedure in such cases for the Land Acquisition Judge is to call upon each claimant to file statement of his claim and this statement would be his plaint. In answer to the claim thus made, the defendants mainly the contesting claimant should be given