From the Judgment and Order dated 17th January, 1983 of the Madhya Pradesh High Court in Misc.
Thereupon the Corporation filed writ petitions under Art.
The Award by the Collector being in the nature of an offer by the Collector, there would be numberquestion of the Collector or the Government on whose behalf the acquisition was made challenging the award in any proceeding by way of reference to the Civil Court or otherwise.
What the Government and the Collector were number entitled to do, obviously, the person at whose instance the acquisition was made would also number be entitled to do.
226 of the Constitution in the High Court of Madhya Pradesh challenging the awards.
The erstwhile owners of the land have filed appeals after obtaining special leave from this Court under Art.
The Collector rejected the request for making a reference on the ground that such a reference as was sought by the Central Warehousing Corporation was barred by the proviso to s. 50 2 of the Land Acquisition Act.
The Central Warehousing Corporation was also aggrieved by the amount of companypensation determined by the Collector and sought a reference to the Civil Court under s. 18 of the Land Acquisition Act for reducing the amount.
N. Sinha, T.U. Mehta, B.R.L. Iyengar and P.P. Juneja for the Appellants.
The appellants sought references under s. 18 of the Land Acquisition Act for enhancement of companypensation and we are told that the references are awaiting adjudication by the Civil Court.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
C. Mittal, M.C. Bhandari, Miss Asha Rani Jain and Tara Chand Sharma for the Respondents.
397, 540 and 566 of 1980.
The High Court set aside the awards and itself determined the companypensation at a reduced rate.
For the purpose of companystructing godowns for the Central Warehousing Corporation and at the instance of the Corporation, the Collector, Khandwa District published a numberification under section 4 of the Land Acquisition Act proposing to acquire certain land belonging to the appellants.
11 of the Land Acquisition Act in January and February, 1980 determining the companypensation proposed to be paid to the appellants.
Petition Nos.
The Collector made Awards under sec.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. These appeals by special leave of this Court raise the same question and may, therefore, be disposed of by a companymon judgment.
The declaration under section 6 was duly made and possession of the land was also taken from the appellants.
It was open to the person entitled to accept the determination by the Collector and receive the companypensation or to object to the amount determined by the Collector and seek a reference to the Civil Court for proper determination of the companypensation.
