N.N. Mittal, J. - (1.) THIS first appeal is directed against the award of the District Judge in a reference under the provisions of Land Acquisition Act which has been dismissed as not maintainable by the Court below. By G.O. No. 2183/V -1228/1945 dated 26th April, 1946 the Government of U.P. authorised the Collector, Agra to occupy the land in question for temporary use by the Government for making bricks for use in the construction of a new building for Medical College, Agra. According to the award of the Land Acquisition Officer, the Compensation for use of the land by way of rent during the period of occupation by the Government had already been paid to the claimants. The land was returned to the claimants partly on 7.8.53 and the rest on 28.9.53 by the Tahsildar Agra. During the period of its possession the Government admittedly removed earth from the fields for the purpose of making bricks. Since the Government was required to pay compensation for the earth so removed and/or damages caused to the land, the compensation was determined on the basis of the report of the Public Works Department itself, and was offered to the various claimants by the order of the Land Acquisition Officer dated 18.2.1955.
(2.) THE appellants being dissatisfied with the amount offered made an application to the Collector, Agra praying for making a reference to the court, According to them the appellants came to know about these proceedings for the first time on 30th March, 1955 when the award was made known to them. In the reference application the plea was taken that the land had remained in occupation of the Government for well over 8 years during which period the earth was removed from the various plots. The compensation for this was assessed only at the rate of Rs. 100/ - per Bigha which was too low and inadequate. It was further stated that due to the operations carried out for making the bricks, the entire land had been rendered uneven and at places pits as deep as 8 feet had been dug. Accordingly the total compensation of Rs. 12,000/ - was claimed for removing the earth. Objection was also taken that no notice had been served on the claimants by the Land Acquisition Officer before determining the amount of compensation payable and thus they had no opportunity to place their case. The court, for the reasons recorded in its judgment, came to the conclusion that the reference itself was not maintainable under the provisions of Sections 35 to 37 of the Land Acquisition Act, as in its view, none of the provisions of Sections 35, 36 or 37 of the Act applied to the facts of the present case. In the result, the reference was dismissed. Aggrieved, the appellants have come up before this Court. Before adverting to the facts of the present case, it would be better to examine the scheme of the Act regarding temporary occupation of the land by the Government. Chapter VI of the Land Acquisition Act, 1894 deals with the temporary occupation of the land and this Chapter consists of only three sections. In fact, the whole scheme contained in three sections gives the step by step procedure before land belonging to any person could by occupied by the Government as a temporary measure. These sections read as under: - - 35(1). Subject to the provisions of Part VII of this Act, whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a Company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such term as it shall think fit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively. (3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court. 36(1) On payment of such compensation, or on execution of such agreement, or on making a reference under Section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice. (2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein: Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the parsons interested shall so require, the appropriate Government shall proceed under this Act to acquire the land as it was needed permanently for a public purpose or for a Company. 37. In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Court.
(3.) AN examination of Section 35 will show that whenever any waste or arable land is needed for temporary occupation and use by the Government, it can authorise the Collector to procure the occupation and use of the same for not more than three years. The Government gives this permission to go ahead with the occupation to the Collector who is, on the strength of such permission, required to give notice in writing to the interested persons intimating to them the purpose for which the land was needed. He is also required to pay such compensation either in a gross sum of money or by monthly or other periodical payments for occupying and using the land, for the term, for which the Government needs it, and for taking material, if any from such land. The terms which may be agreed between the Collector and the owner of the land in respect of the amount and mode of payment of compensation and about the material which is to be taken out from the owner's land, in this regard are required to be reduced in to writing in the form of an agreement however, should the owner of the land not the agree to the terms offered by the Collector or about the apportionment thereof amongst the various claimants, the Collector is bound to make a reference of such difference for decision to the Court.;