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PETITIONER: ARULMIGHU LAKSHMINARASIMHASWAMY TEMPLESINGIRIGUDI

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT:       02/09/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      On the admitted facts, the approach of both the learned single Judge  and of the Division Bench in the writ petition and the  W.A. No.  1358/95 indicated  in the  impugned order made   on January 30, 1996 cannot be sustained. Notification under Section  4(1) of  the Land  Acquisition Act.  1894 was published on June 4, 1987 acquiring the land in question for the public  purpose. After  compliance of  the notice  under Sections 9 and 10 of the Act and enquiring the award came to be passed by the land Acquisition Office on February 7,1990. The possession thereafter was taken on October 30, 1990. The question, therefore,  would be  what  would  be  the  proper procedure to  be adopted, in case of dispute as to the title of the  land acquired  under the  Act ?  The learned  single Judge declared  title of the petitioner in the writ petition and the  Division Bench  directed civil  Court to decide the title. Both  views are  obviously erroneous in law. The Land Acquisition Officer has to determine the extent of the land, the persons  entitled to  compensation and  the compensation to be  determined under  Section 23  (1) of  the Act.  If he finds that  there is  any dispute  as to  person entitled to receive the  compensation, necessarily he has to deposit the amount under  Section 31  of the Act into the Court to which reference would lie. On such a dispute having arisen, he has to make a reference to the Court under Section 30 of the Act to decide  the dispute between the Competing persons who set up  rival   title   to   the   compensation.   Under   those circumstances,  the   only  legal  course  open  is  that  a direction be  issued to the Land Acquisition Officer to make a reference under Section 30 to decide the inter se title to receive the  compensation either  by the appellant or by the 4th respondent,  as the  case may be and the reference Court would decide the matter in accordance with law.      The appeal is accordingly allowed. The orders passed by the learned  single Judge  and the  Division Bench stand set aside. The  Land Acquisition  Officer is  directed to make a

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reference to  the Court  under Section  30. We  are informed that the compensation has already been deposited in interest earning security  Therefore, if  the parties so require, the reference Court  may be  approached in   this  behalf or the order of the learned single Judge may conclude in force till the reference  is decided in accordance with law. The latter would be the appropriate course. No costs.