( 1 ) ON there being difference of opinion between B. C. Varma, J. and Gulab Gupta, J. in this petition under Arts. 226 and 227 of the Constitution regarding interpretation of proviso to S. 50 (2) of the Land Acquisition Act, 1894, as to whether a reference can be claimed by a local body or company at whose instance the acquisition has been made, the case has been referred to me for resolving the differences.

( 2 ) THE petitioner M. P. State Co-operative Oilseed Growers Federation is a co-operative society registered under M. P. Co-operative Societies Act, 1960. The Society has set up a Soyabeen processing plant at Banapura, Tahsil Seoni-Malwa, for extraction of Soyabeen oil and manufacture of allied products and for that purpose had acquired 30 acres of land. The Society applied to the Collector on 1-8-1983 for acquisition of 1. 90 acres of land out of khasra No. 138/1 and 138/2 area 4. 75 acres belonging to the respondent No. 4 in village Damadiya adjacent to the Banapura railway station to be used as a railway siding for transport of its material. The S. D. O. Seoni-Malwa was appointed Land Acquisition Officer for this purpose and he directed the Society to deposit