9911796707
TMI Blog1996 (3) TMI 470X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT This appeal by special leave arises from the judgment of the Division Bench of the Patna High Court made in Appeal from Original Decree No. 220 and 221 of 1957 dated September 21, 1976. The only question that arises in this appeal is: whether one of the co-sharers can claim enhancement of the compensation without seeking reference under Section 18 of Land Acquisition Act, 1894 (1 of 1894) (for short, the Act ) in a reference at the instance of one of the cosharers. The admitted facts are that 25 acres of land being a portion of Plot No.400 of Khata No.92 in village Behea in Shahbad District (renamed Bhojpur) was acquired under Section 4(1) of the Act for public purpose. Publication of the notification under Section 4(1) was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding the entitlement to claim compensation under the Act. The CPC provides only the procedural format to adjudicate the dispute. After the award was made under Section 11, the Land Acquisition Officer was required to issue notice under Section 12 to the parties. As contemplated under Section 30 of the Acts the appellant is entitled to receive the compensation either under protest or without protest. When the compensation is received under protest under subsection (1) of Section 18, the application in writing has to be made within the limitation prescribed under Section 18(2) to the Land Acquisition Officer objecting to either extent of the land, classification, value of the land or apportionment of the compensation and upon receipt th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Order 1, Rule 10 CPC. Order 1, Rule 10 CPC would apply to implead a necessary or proper party to effectuate complete adjudication of all the disputes having arisen between all the necessary or proper parties who may be bound by the decision. That question does not arise since inconsistent procedure has been prescribed under the Act. As held earlier, making an application in writing under sub-section (l) and within the limitation prescribed under sub-section (2) of Section 18 are conditions precedent for the Land Acquisition Officer to make a reference under Section 18; only on its receipt, under Section, 20 civil Court gets jurisdiction to issue notice and thereafter to conduct enquiry, as contemplated under the Act. At that stage, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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