JUDGEMENT
INDRAJIT CHATTERJEE,J. -
(1.) This is an application under Article 227 of the Constitution of India wherein the present petitioners have assailed the
Order No. 97 dated 30th August, 2013 passed by the learned Additional
District Judge, Fifth Court at Midnapore, District: Midnapore (West), in
L.A. Misc. Case No. 4 of 2002.
Vide that impugned order, the learned Trial Court rejected the prayer
of these three petitioners to be added in that Misc. Case on the ground
that they were interested party so far as that Misc. Case was
concerned.
(2.) The fact so relevant for the purpose of determination of this revisional application can be stated in brief thus: -
The Collector, West Midnapore in Land Acquisition proceeding no. 1 of 1998 -99 acquired several portions of plot nos. 1698 and 1699. It is true that these petitioners are claiming the title in respect of some part of the plot no. 1698. The proceeding was initiated and an amount of compensation was awarded by the Collector. These petitioners did not ventilate their grievances regarding the said order of compensation and it is true that they are claiming that they have not accepted the compensation from the Collector and that Nalini Ranjan Dandapat was dissatisfied with the order of compensation and asked for reference under Section 18 of the said Act and as such, L. A. Misc. Case No. 4 of 2002 was started. One application was filed in the year 2012 by these petitioners for adding them as parties.
(3.) Mr. Mahato, learned Advocate appearing on behalf of the petitioners, by taking me to Section 20(b) of the Land Acquisition Act,
1894 (hereinafter called as the said Act), submitted that "all persons interested in the objection, except such (if any) of them as have
consented without protest to receive payment of compensation
awarded are entitled to get notice from the court". He submitted that
Section 18 comes up after an application has been made to the
Collector raising the voice as regards the amount of compensation in
respect of particular land. He submitted that Section 20 says that
Court after accepting such an application from the disgruntled land
looser shall issue notice to the applicant, as per Section 20(a), and
20(b) to all persons interested in the objection.;
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