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TMI Blog1964 (1) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... re survey Nos. 281/2, 339/1 to 8 and 338/1 to 3 which are situate at a short distance from the town of Vijayawada and lie alongside the Vijayawada-Eluru Road. The Land Acquisition Officer had fixed ₹ 3,500 per acre for the first two of these survey Nos. and ₹ 4.000 per acre for the third survey number. The learned Subordinate Judge granted a uniform rate of ₹ 10,000 per acre for the lands comprised in all the survey numbers. There were some disputes with regard to the entitlement to the compensation for survey No. 339/1 to 3 and the Land Acquisition Officer, therefore, made a reference to the Court for the apportionment of the com- pensation amount among the various claimants. Six of the appellants did not accept the award ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erested in the lands which were under acquisition and it was no fault of theirs that a reference was not made by the Land Acquisition officer. Indeed, whenever applications are made under s. 18 of the Land Acquisition Act, it is the duty of the Land Acquisition Officer to make a reference unless there is a valid ground for rejecting the applications such as for instance that the applications were barred by time. Where an officer of the State is remiss in the performance of his duties in fairness the State ought not to take advantage of this fact. We are further of the opinion that the High Court, after the plea had been raised, would have been well-advised to adjourn the matter for enabling the appellants before us, who were respondents in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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." The proviso to sub-s. (2) prescribes the time within which an application under sub-S. (1) is to be made. Section 19 provides for the making of a reference by the Collector and specifies the matters which are to be comprised in that reference. Thus the matter goes to the court only upon a reference made by the Collector. It is only after such a reference is made that the court is empowered to determine the objections made by a claimant to the award. Section 21 restricts the scope of the proceedings before the court to consideration of the contentions of the person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isdiction appears on the face of the proceedings. it cannot be waived. In Seth Badri Prasad & Ors. v. Seth Nagarmal and Ors. [1959] supp.(1) S.C.R. 769) this Court has held that even the bar of illegality of a transaction though not pleaded in the courts below can be allowed to be pleaded in this Court if it appears on the face of the pleading in the case. The High Court has, however, based itself largely upon a decision of the Privy Council in Venkata Krishnayya Garu v. Secretary of State(A.I. R. 1939 P. C. 39; 60 M. L. J. 399). In that case there was in fact a reference by the Collector to the court but that reference was made by the Collector not upon the application of the person legally entitled to compensation but by a person whose cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,800 Some distance away from the site of the acquired land towards Eluru. 3. A-3 9-10-46 1-00 4,5OO 4,500 Very near the acquired land the same vendee. 4. A-4 9-10-46 1-00 4,500 4,500 Part of the same site, and the vendee. 5. B-1 14-10-46 0-70 7,000 10,000 5 furlongs away from the suit site and nearer Bezwada. 6. B-2 14-2-47 1-09 just over 12,000 12,000 5 furlongs away towards Bezwada. 7. B-3 24-1-46 0-36 1,850 5,000 It is a part and parcel of the same land that is sought to be acquired. Out of these sale deeds Exs. Al and A2 were rejected by the High Court, Al on the ground that it is several months earlier than the date of notification under s. 4 of the Act and Ex. A2 on the ground that the land compris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Some argument was advanced before us to the effect that the lands comprised in the transactions repre- sented by these documents have no direct access to the road and that, therefore, they could not have fetched a good price. Bearing in mind the fact that these are all agricultural lands a rate of ₹ 4,500 per acre at which they were sold cannot prima facie be regarded as inadequate. As regards access, it is sufficient to say that they are parts of the same field which abut on the road, though the portions sold do not themselves abut on the road. Since the lands sold under these sale deeds were part and parcel of the same field which abuts on the road those who purchased these lands would naturally obtain a right of way over the land ..... X X X X Extracts X X X X X X X X Extracts X X X X
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