- (1.) This revisional application is directed against Order No. 62 dated July 29, 2008, Order No. 69 dated August 4, 2008 and Order No. 103 dated September 20, 2008 passed by the Special Land Acquisition Judge, Alipore in LRA Case No. 3 of 2004.
(2.) Although several orders as indicated above are assailed in this revisional application but the petitioner raised only one question before this court namely whether the reference court can allow an addition of third party in case of a reference being made under section 18 of the West Bengal Land Acquisition Act 1894 ( hereinafter referred to as said Act). Whereas the opposite party has contended that the Collector made the reference not under section 18 but under section 30 of the said Act.
(3.) Before dealing with the points as enumerated above it would be profitable to quote section 18 and section 30 of the said Act which reads thus : 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 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. (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), or within six months from the date of the Collector s award, whichever period shall first expire. 30. Dispute as to apportionment. When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court. ;