WARDINGTONLYNGDOH Vs. COLLECTOR MAWKYRWAT

JUDGEMENT

(1.) Delay condoned.

(2.) Notification under S. 4(1) of the Land Acquisition Act 1894 (for short, 'the Act' ) was published on December 6, 1988 for construction of explosive magazines at Nawkyrawat. The Collector made his award on May 17, 1989. On July 5, 1989 the appellants received the compensation under Ex. B, which is an agreement signed by them and the Collector. Thereafter, on August 8, 1989, the respondents objected to the amount of compensation determined by the Collector and they claimed enhancement by reference under S. 18. On August 22, 1989, the Collector asked them to appear before him. On August 29, 1989, on which date when appeared, they requested the Collector for reference under S. 18. Accordingly, it was referred to the Special Judicial Officer. Objection was taken to the validity of the reference and also their entitlement to higher compensation. The Special Judicial Officer by his award and decree dated October 29, 1991 enhanced the compensation at the rates of Rs. 60 to 40 per sq. meter. On appeal by the State, the High Court by its judgment and decree dated June 7, 1994 reversed the decree of the reference court and hold that since the petitioners had agreed in Ex. B. and received compensation subject to the terms and conditions therein that "in respect of acquisition of land for construction of explosive magazine to be made herein after by the Collector provided it included the following matters which to our minds are true, just and equitable. The total amount of compensation arrived at is fully acceptable to us". The details are not material for the purpose of this case.

(3.) The only contention raised by the learned counsel appearing for the petitioners is that since the petitioners had objected to the award, though after receiving the compensation, the reference is valid and the Special Judicial Officer was within his power to consider proper value of the lands and award compensation under S. 23 of the Act.