Subhro Kamal Mukherjee, J. - (1.) This is an application for revision of the Order No. 73, dated June 4, 1997 passed by Sri Milan Chatterjee, learned Additional District Judge, 3rd Court, Midnapore in L.A. Misc. Case No. 320 of 1986 whereby and whereunder the learned Additional District Judge directed that the proceedings be dropped and the Collector be directed to take back all the documents which have been referred to the Court including the cheque and to take steps in accordance with law.
(2.) Petitioner is admittedly the owner of certain lands at Mouza Krishnapur under the Police Station Sutahata, District-Midnapore and those properties were acquired by the State of West Bengal. The Collector passed an Award and the applicant objected to the said Award and requested the Collector to make a reference under Section 18 of the Land Acquisition Act, 1894. The provisions of Sections 18 and 19 of the Land Acquisition Act, as are relevant for the present purpose, are as under : "Section 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 may be referred by the Collector for determination of the Court, whether his objection be to the measurement of the lands, the amount of compensation, the persons to whom it is payable, or the apportionment of the compensation amount the persons interested. (2) The application shall state the grounds on which objection to the Award is taken : Provided that every such application shall be made.- (a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under Section 12, Sub-section (2), of within six months from the date of the Collector's award, whichever period shall first expire." "Section 19. - Collectors statement to the Court.- (1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand - (a) the situation and extent of the land, with particulars of any trees, building or standing crops thereon; (b) the names of the persons whom he has reason to think interested in such land; (c) the amount awarded for damages and paid or tendered under Sections 5 and 17, or either of them, and the amount of compensation awarded under Section 11; (cc) the amount paid or deposited under Sub-section (3A) of Section 17; and (d) if the objection be to the amount of the amount of the compensation, the grounds on which the amount of compensation was determined. (2) To the said statement shall be attached a schedule giving particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively."
(3.) It appears from the said provisions that under Section 19(d) of the said Act it was the duty of the Collector to indicate the grounds on which amount of compensation was determined. It appears from the order impugned that those grounds were not stated in the papers forwarded by the Collector to the learned Judge, Land Acquisition Court. After receipt of the papers from the office of the Collector the matter was registered as L.A. Misc. Case No. 326 of 1986 and some witnesses were examined. At the stage, the learned Additional District Judge directed that proceedings be dropped as reference was made not following the mandatory terms of Sections 18 and 19 of the Land Acquisition Act, 1894.;