HITKARINI SABHA Vs. CORPORATION OF THE CITY OF JABALPUR

JUDGEMENT

(1.) THIS is an application for revision against an order made by Shri R. D. Doongaji. Second Additional District Judge, Jabalpur, in Miscellaneous Judicial Case No. 32 of 1956 on 13-12-1956.

(2.) THE facts of the case are simple. Land was acquired by the Collector, and two claimants for the compensation money appeared before the Collector. One is the present applicant, the Hitkarini Sabha, a registered body running some educational institutions at Jabalpur, and the other is the non-applicant, the Corporation of the city of Jabalpur. The Collector assessed the compensation and apportion ed between the Sabha and the Corporation, awarding to the former a sum of Rs. 2,34,739/ -. On the day the award was announced, both the parties were present through their representatives and vouchers for payment to the Sabha and the corporation Were drawn up to he handed over to them. The Corporation did not accent the payment, their agent informing the Collector that instructions had to be obtained. The Sabha accepted the voucher and withdrew the money.

(3.) LATER, the Corporation accepted its share of the compensation money, though under protest. Under the terms of section 31 of the Land Acquisition Act, a reference was necessary to be made, because there was a dispute as to the apportionment as well as to the party entitled to receive the compensation money. The learned Collector, it appears, overlooked the provisions of Sub-section (2) of section 31 of the Land Acquisition Act and, instead of forwarding the money to the court to which the reference was to be made, paid out the money to the respective parties. When the reference reached the learned Judge, whose order is impugned in this revision, he felt that his jurisdiction was ousted by the payment of the compensation money to the parties. He accordingly directed the Sabha to deposit the amount in his Court before a particular date. The present application for revision has been filed against that order.