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1965 Supreme(All) 295

V. G. OAK
Rewa Shankar Bhayal – Appellant
Versus
P. E. Boyce – Respondent


Advocates appeared:
Satyendra Nath Verma, Advocate, For the Appellant / D. Sanyal, Advocate, For the Respondent

JUDGMENT

V.G. Oak, J. - This appeal arises out of a reference under Section 18, Land Acquisition Act (hereafter referred to as the Act). A certain plot was acquired by Government under the Act. Rewa Shankar appellant was the proprietor of the plot. Smt. Boyce filed an objection on the ground that she was the permanent lessee of the land. The Land Acquisition Officer rejected her claim, and decided that she was not entitled to any compensation. She applied for a reference to Court under Section 18 of the Act. The learned District Judge of Jhansi accepted the reference, and held that Smt. Boyce was the lessee of the therefore; entitled to apportionment. Rewa Shanker appeals against that judgment of the learned District dated 22-10-1951.

2. Mr. S N. Verma, appearing for the appellant, has urged before me that the reference under Section 18 of the Act was incompetent, because there was no award under the Act. In order to decide whether this contention is well founded, it is necessary to examine the relevant provisions of the Act.

Sec. 11 of the Act provides for enquiry and award by the Collector. Section II states:

"On the day so fixed ..... the Collector shall proceed to enquire into t

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