R. A. Sharma, J - (1.) AN area .258 Acre of plot No. 344/1 was acquired under the Land Acquisition Act (hereinafter referred to as the Act). Special Land Acquisition Officer by award dated 22-9-1986 awarded a sum of Rs. 4,32,287 95 in favour of Sri Rajendra Kumar Jain, respondent No. 2, who alone was held to be entitled for the compensation. Against this award a joint reference under Sections 18 and 30 of the Act was made to the Civil Court' by the Collector, Varanasi,
(2.) LEARNED 1st Additional District Judge, Varanasi framed the following issues : "1. Whether the claimant or opposite parties no. 2 to 5 are entitled to compensation for land of plot no. 344/1 0.258 acre ? 2. What was the market value of the property acquired on the date of notification under Section 4 of the L. A. Act ? To what further amount of compensation, if any, is the claimant entitled ? To what amount and relief, if any, is the claimant entitled ? 3. After considering the evidence produced by the parties, learned Additional District Judge held that Rajendra Kumar Jain alone is entitled for compensation and the quantum of compensation awarded by the Special Land Acquisition Officer was not adequate and the same was enhanced from Rs 4,32,287.95 to Rs. 15,71,491.71 p and the claim of the appellants was rejected. 4 Against the aforesaid award appellants have filed First Appeal From Order under Order 43 Rule 1-A of the CPC. The Stamp Reporter of this Court has reported that First Appeal From Order is incompetent and it should be filed as regular First Appeal and ad valorem court-fee of Rs. 2500.50 is payable After the learned counsel for the appellants has amended the valuation of the appeal, it was reported that fee of Rs. 19,457.50 is payable. Learned counsel for the appellants has contested this report and has argued before us that First Appeal From Order, against the award of the Civil Court, by the appellants is maintainable before this Court and it is not necessary to file a regular appeal and pay ad valorem court fee, because it was a reference under Sections 30 and 18 of the Act.
(3.) ANY interested person .who has not accepted the award may under Section 18 require the Collector to refer the matter to civil court for determination of the question regarding the measurement of land, amount of compensation, person to whom it is payable or the apportionment of the compensation among the persons interested. Section 18 (1) of the Act is quoted below : 18. Reference to Court-(1) ANY person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested." In a reference under Section 18 all questions relating to the amount of the compensation, the persons to whom it is payable and the apportionment of the compensation are liable to be decided by the Civil court. However, if the award made by the Collector under Section 11 of the Act has been settled and has become final and if any dispute arises as to the apportionment or about the person to whom the amount is payable, a reference can be made by the Collector under Section 30 of the Act. If the award under Section II of the Act has not become final, the reference is required to be made Under Sections 18/19 of the Act on all relevant questions including the quantum of compensation, the persons to whom it is payable or the apportionment of the compensation. Supreme Court in Grant v. State of Bihar, AlR 1966 SC 237 has held that, "There are two provisions, Sections 18 (1) and 30, which invest the Collector with power to refer to the Court a dispute as to apportionment of compensation or as to the persons to whom it is payable. By sub-section (1) of Section 18 the Collector is enjoined to refer a dispute as to apportionment, or as to title to receive compensation, on the application within the time prescribed by sub-section (2) of that section of a person interested who has not accepted the award. Section 30 authorises the Collector to refer to the Court after compensation is settled under Section 11 any dispute arising as to apportionment of the same or any part thereof or as to the persons to whom the same or any part thereof is payable." In the instant case the award has not become final and objections were filed against it by the parties, both on the questions of quantum of compensation and the persons to whom it is payable and on the basis of these objections a joint reference was made under Section 18 read with Section 30 of the Act. As the award under Section 11 of the Act has not become final, reference was required to be made by the Collector only under Sections 18/19 of the Act for determining the quantum of compensation and persons to whom it is payable. Reference under Section 30 was actually uncalled for. The dispute was decided by the impugned award and against it a regular appeal is maintainable under Section 54 of the Act and the Stamp Reporter was fully justified in reporting that First Appeal From Order is not maintainable,;