A. VISWANATHA PILLAI AND ORS. v. SPECIAL TAHSILDAR FOR LAND ACQUISITION NO. IV AND ORS

Citation: [1991] 3 S.C.R. 465

Court: Supreme Court of India

Bench: N.M. KASLIWAL, K. RAMASWAMY

Case summary

Common question of law arises in these appeals and hence they are disposed of by a common judgment. The appeals are accordingly allowed with costs of this Court.

Judgment text

The Judgment of the Court was delivered by _;, K. RAMASWAMY, J. These appeals by ~peciRl leave are - property being the ancestral coparcenary and continued to be kept in common among the brothers and the income derived therein was being shared in proportion of their shares by all the brothers it remained as joint property. As co-owners everyone is entitled to 1/4 share therein. It was also laid by this Court in a recent judgment in Ram Kumar & Ors. v. Union of India & Ors. , [1991] 1SCR64~that it is the duty of the Collector to send full information of the survey numbers under acquisition to the ... • court and make reference under section 18 and failure thereof is illegal. The same ratio would apply to the facts in this case as well.

When one of the co-owner or coparceners made a statement in his reference application that himself and his brothers are dissatisfied with the award made by the Collector and that they are entitled to higher compensation, it would be clear that he was making a request, though not expressly stated so but by necessary implication that he was acting on his behalf and on behalf of his other co-owners or coparceners and was seeking a reference on behalf of other co-owners as well. What was acquired was their totality of right, title and interest in the acquired property and when the reference was made in respect thereof under secti~n 18 they are equally entitled to receive compensation pro-rata as per their shares.

The courts below committed manifest error in refusing to pass an award and payment thereof to the appellants merely on the ground that there was no mention in this regard in the reference app1i0 ation or two of them sought reference in respect of two awards and the last one made no attempt in their behalf. The claimants are entitled to payment of the enhanced award by the Civil Court pro-rata of their 1/4 share each with 15 per cent solatium and 4 per cent interest as awarded by the Civil Court. The appeals are accordingly allowed with costs of this Court. R. P. Appeals allowed. "i