S.D. Agarwala, J. - (1.) THIS is a civil revision filed Under Section 115 of the Code of Civil Procedure. Certain land was acquired under the provisions of the Land Acquisition Act. Thereafter an award was given by the Land Acquisition Officer under the provisions of the Land Acquisition Act 1894 hereinafter referred to as the Act.
(2.) SMT . Kamla Devi, wife of Ram Sahai Vedpathi did not accept the award and made a written application to the Collector, Varanasi requiring the Collector to refer the matter to the court for determination of the amount of compensation payable to her. The Collector, Varanasi referred the matter to the District Judge under Section 18 of the Act. When the matter came up before the District Judge, the revisionist, Kamla Devi filed an application for amendment of her claim as she wanted more compensation, in particular, in regard to the trees and kachcha house etc. existing on the land which was sought to be acquired. This application was rejected by the 1st Additional District Judge, Varanasi by order dated 31.07.82 on the ground that the application for amendment was not maintainable in law. Aggrieved by this decision Smt. Kamla Devi has filed the present revision. I have heard the learned Counsel for the parties. Learned Counsel for the revisionist has contended that it is open to a party aggrieved to make an application for amendment of her application made under Section 18 of the Act before the District Judge and the view to the contrary taken by the court below is manifestly erroneous.
(3.) SUB -section (1) of Section 18 of the Land Acquisition Act which is relevant for the purposes of this case is quoted below: (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 Court whether his objection be to the measurement 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.;