A. VISWANATHA PILLAI AND ORS. vs SPECIAL TAHSILDAR FOR LAND ACQUISITIONNO. IV AND ORS. Supreme Court, 09-08-1991

CourtSupreme Court (India)
JudgeRAMASWAMY,K.
Parties A. VISWANATHA PILLAI AND ORS.SPECIAL TAHSILDAR FOR LAND ACQUISITIONNO. IV AND ORS.
Docket NumberAppeal Civil 54 of 1975
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 5
PETITIONER:
A. VISWANATHA PILLAI AND ORS.
Vs.
RESPONDENT:
SPECIAL TAHSILDAR FOR LAND ACQUISITIONNO. IV AND ORS.
DATE OF JUDGMENT09/08/1991
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
KASLIWAL, N.M. (J)
CITATION:
1991 AIR 1966 1991 SCR (3) 465
1991 SCC (4) 17 JT 1991 (3) 575
1991 SCALE (1)286
CITATOR INFO :
D 1992 SC 974 (8)
ACT:
Land Acquisition Act, 1894: Ss. 4, 9, 18--Land acquisi-
tion--Hindu coparcenery property--Acquisition of--Compensa-
tion--Reference under s. 18 by one coparcener--Other copar-
ceners not parties to reference--Whether a reference on
behalf of all co-parceners--Entitlement of enhanced compen-
sation--Whether all coparceners entitled to compensation
pro-rata as per their shares--Whether State should take
technical objections to entitlement of claim.
HEADNOTE:
The three appellants and their eldest brother, under a
family partition, which took place in 1954, kept in common
certain ancestral properties under the management of the
latter. These properties were acquired in pursuance of a
notification dated 15.1.1967 under s. 4(1) of the Land
Acquisition Act, 1894. The eldest brother filed objections
referring to the partition deed of 1954 and stated that each
of the four brothers had 1/4 share in the properties in
question. Ultimately the compensation was made to all the
brothers at 1/4th share each.
The eldest brother sought six references under s. 18
being dissatisfied with the awards. The Civil Court enhanced
the compensation and granted an award of 1/4th share thereof
to the eldest brother with solatium and interest, but did
not award the balance amount to the appellants in their
respective shares on the ground that they did not jointly
ask for the reference. Out of the remaining three brothers
two asked for reference for two awards only and the last one
did not ask for reference of any award. On appeal, the High
Court confirmed the award and decrees of the civil court.
Aggrieved, the appellants preferred appeals by special leave
to this Court.
On the question: whether in a reference under s. 18 of
the Land Acquisition Act sought for by one of the co-owners,
the other co-owners, who did not expressly seek reference
are entitled to enhanced compensation pro-rata as per their
shares?
Allowing the appeals, this Court,

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