- (1.) A short question of law has arisen in this writ petition by which the petitioners challenge an award made by the reference Court in an application under section 18 of the Land Acquisition Act, 1894.
(2.) The land in question was acquired for the first petitioner. Persons aggrieved by the award made by the collector, as to the amount of compensation, filed the section 18 application. The collector accordingly referred the matter for determination of the Court. In the reference proceeding before the Court neither the first petitioner was made a party, nor was it served with any notice of any nature. Only after receipt of notice from the assistant secretary of the State Government dated November 16th, 2004, it has come to learn about the award made by the reference Court increasing the amount of compensation. Correctness of these facts is not disputed by the parties.
(3.) Counsel for the referring claimants does not also dispute the legal position that the first petitioner had a right to participate in the reference proceeding and oppose the prayer for increase in the amount of compensation.;