The Referral Court lacks jurisdiction to entertain a reference made outside the statutory limit prescribed by the Land Acquisition Act, reinforcing the mandatory nature of compliance with statutory timeframes.

JUDGMENT :

D.Dash, J.

The Petitioner by filing this Petition has invoked the jurisdiction of this Court under Article-226 and 227 of the Constitution of India in impeaching an order dated 23.08.2022 passed by the learned Senior Civil Judge, Balangir (as then was) arising out a reference under section-18 of the LAND ACQUISITION ACT , 1894 (for short, the L.A. Act) standing numbered as L.A. Case No.01 of 2012. The Petitioner has accordingly prayed for quashing the said reference made under section 18 of the L.A. Act’ by the Collector-cum-Land Acquisition Officer, Balangir, the Opposite Party No.1.

2. The Facts necessary for the purpose are stated as under:-

(A) The Petitioner is a Public Sector Undertaking of the Government of India, incorporated under the Companies Act, 1956, having its registered office at B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi-110016 and its Corporate Office at “Saudamini”, Plot No.02, Sector-29, Gurgaon-122001. Its Regional Headquarter for the Odisha Projects is at Plot No.4 Unit-41, Niladri Vihar, Chandrasekharpur, Bhubaneswar-751021. The Petitioner indulges in the activities which are in Public Interest and sub serve the National Interest being engaged in Power Transmission business.

(B) Land in mouza / village Madhiapali under Khata No.28, Plot Nos.385 & 380 of kisam Atamamuli and Bahalmamuli, measuring an area of Ac.0.71 and Ac.0.84 decimals respectively belonging to the Opposite Party Nos.2 to 5 with other lands owned and possessed by others were acquired by the State by notification under section 6 of the L.A. Act dated 16.07.2010 published in the Gazette of the State on 19.07.2010 for construction of Power Grid Sub-Station by the present Petitioner. The Land Acquisition Officer (Opposite Party No.1) made the award under section 11 of the L.A. Act on 12.10.2010. The Opposite Party Nos.2 to 5, thereafter, was served with notice under sub-section (2) of section 12 of the L.A. Act on 23.10.2010. Upon receipt of the said notice, the Opposite Party Nos.2 to 5 received the payment of this awarded amount of Rs.1,42,241/- as compensation for the said acquisition of his land. Thereafter, the Opposite Party Nos.2 to 5 filed an application signed and verified before the Land Acquisition Officer (Opposite Party No.1) advancing a prayer for referring the matter to the Civil Court for determination of proper compensation for the acquired land and the standing trees under Section 18 of the L.A. Act. The application under Annexure-4 came to be received on 29.01.2011 by the Opposite Party No.1 as it finds reflected on the top left corner from the initial put thereon acknowledging its receipt.

The Opposite Party No.1 by letter dated 09.09.2011 made the reference as per section 18 of the L.A. Act for determination of proper compensation, keeping in view the provision contained in section 23 of the said Act after giving opportunities of hearing to the Petitioner who had borne burden of payment of compensation and may be so required to shoulder the liability on that count as per the decision of the Referral Court as well as the Opposite Party Nos. 2 to 5 (Claimants).

(C) When the reference proceeding was in progress, the Petitioner filed a petition nomenclaturing the same as one under Order-7 Rule-11 (d) read with section 151 of the Code of Civil Procedure (for short ‘the CPC ’) stating therein that the Opposite Party No.1 has made reference when at the time, when he had no such power and a