- (1.) Leave granted. This petition is directed against a judgment and order dated 20th December, 2006 passed by the High Court of Calcutta in Writ Petition No. 27264 of 2006. By reason of the said order the High Court directed the respondent Nos. 1 and 2 as also the other concerned respondents, added therein to dispose of the First Respondent's application for reference in terms of Sections 30 and 31 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act")
(2.) The matter relates to a property acquired under the said Act. A reference was made by the Collector in terms of the provisions thereof. First Respondent intended to be impleaded as the party therein. The same was rejected.
(3.) Contesting parties herein claimed themselves to be the heirs and legal representatives of Rani Rashmoni. We need not state the facts of the matter in detail as the same has been noticed by a Bench of this Court in Shyamali Das v. Illa Chowdhry, (2006) 12 SCC 300. One of the questions which arose for consideration therein was as to whether the First Respondent, in terms of an observation made by another learned Single of the High Court, had filed an application for reference under Sections 30 and 31 of the said Act. It was noticed therein that such an application had not been filed. It was furthermore observed:- "21. It is one thing to say that a proceeding under Sections 30 and 31 of the Act was maintainable at the instance of the appellant. She was given an opportunity to file the same by the Calcutta High Court in terms of its order dated 22-9-2000. She did not avail the said opportunity. Having not availed the opportunity, in our opinion, she was not entitled to be impleaded as a party.";