Land acquisition act, 1884
Venkatesh Maruti Kuvalekar
(Querist) 20 December 2014
This query is : Resolved
Sir/Madam,
I am an advocate by profession. My client was the owner of land which has now been acquired. Being dissatisfied with the award passed by the Spl. Land Acquisition Officer, he filed an application u/s 18 (1) of the Land Acquisition Act for reference to Court for determination by the Court the amount of Compensation. My client has been considered as the person interested by the S.L.A.O, and the award passed under section 11 of the L.A. Act has been passed in the name of my client. Reference Application filed by my client is pending before the Reference Court.
The acquired land was subjected to auction at the time of acquisition. Now one Mr. "X" has filed an application u/s 18 (1) of the L.A. Act in respect of the same land contending that he purchased that acquired land in auction. Neither Mr. "X" has been considered as the Person Interested by the S.L.A.O.nor any award has been passed in his name. The reference application filed by Mr. "X" has also been referred to the Reference Court.
NOW MY QUERY IS: - Whether a person who has not been considered as the Person Interested by the S.L.A.O. and who has not participated in the acquisition proceedings before the S.L.A.O. can file an application under Section 18 of the Land Acquisition Act. Whether Mr. "X" has any remedy under section 18 of the L.A.Act or his remedy lies only under Sec. 30 of the L.A. Act?
Please reply.... Eagerly waiting for your expert opinion with few reported decisions (if any) for my assistance.
M V Gupta
(Expert) 24 December 2014
If the land was subject to auction in any proceedings at the time of acquisition, it was the duty of ur client to reveal this fact to the SLAO. AS HE DID NOT DO SO, HE WILL BE GUILTY OF SUPPRESSION OF A RELEVANT FACT AND AS SUCH MAY BE LIABLE TO PROSECUTION IF THE AUCTION PURCHASER COMPLAINS. If ur client is rightful owner and the auction alleged is fictitious, ur client should implede himself as party in the application filed by the auction purchaser and contest his claim for compensation. No decided case law is necessary in the circumstances.
