LexMUTHAVALLI OF SHA MADHARI DIWAN WAKF S.J. SYED ZAKRUDEEN AND ANR. versus SYED ZINDASHA AND ORS.
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A B [2009] 2 S. C.R. 720 MUTHAVALLI OF SHA MADHARI DIWAN WAKF S.J. SYED ZAKRUDEEN AND ANR. V. SYED ZINDASHA AND ORS. CIVIL APPEAL N0.1119 OF 2009 FEBRUARY 19, 2009 [S.8. SINHA AND V.S. SIRPURKAR, JJ.] Land Acquisition Act, 1894 - s. 18 - Proceedings under - Applicability of Or. I r.10, CPC - Wakf property - Acquired C by State - Compensation awarded - At the instance of appellant, reference made to civil court for enhancement of compensation - Respondent no. 1 filed application for impleadment as party in the reference proceedings - Application allowed by the Reference Judge - Propriety of - D Held: Not proper, as dispute raised by respondent no. 1 in his application was beyond the scope of the reference - Reference court exercises a limited jurisdiction and derives its jurisdiction only from the terms of reference - Code of Civil Procedure, 1908- Or. I, r.10. E Appellant claims himself to. be the Muthavalli of a Wakf. The property was acquired by the State of Tamil Nadu in terms of the provisions of the Land Acquisition Act, 1898. Appellant as a 'person interested' took part in the proceedings for making an award. Being dissatisfied F with the quantum of compensation awarded by the Land Acquisition Collector, he sought reference for enhancement thereof, pursuant whereto the Collector of the District made a reference to the Civil Court. In the reference proceedings, Respondent No.1 filed G application for getting himself impleaded as a party therein contending that he was interested in the subject matter of a part of the property acquired. The application was allowed. Revision application filed thereagainst was dismissed by the High Court. Hence the present appeal, H 720 .. :>- t-- ;. J ' ' ' MUTHAVALLI OF SHA MADHARI DIWAN WAKF S.J. SYED 721 ZAKRUDEEN & ANR. V. SYED ZINDASHAAND ORS. .... in which the applicability of the provisions of Order I Rule A . 10, CPC in a proceeding under s.18 of the Act was in _ question. Allowing the appeal, the Court HELD:1.1 The Land Acquisition Act, 1898 is a self- B contained code. It not only provides for the mode and manner in which the acquisition proceedings are initiated 1~ but also the mode and manner in which the proceedings ~ for making an award as also the mode and manner in which an application for reference by a person dissatisfied c therewith is to be made. [Para 11] [ 727-G] 1.2. A reference may be prayed for by a person interested in the proceeding. Ordinarily, he should be a party to the proceedings for making an award. He has to .... file an application for making a reference before the D ... Collector of the District within the time specified thereunder. Such an application must be in writing and the reference to the civil court which may be prayed for before the Collector would be in regard to his objection as regards measurement of land, the amount of E compensation, the person to whom it is payable or the apportionment of the compensation amongst the persons ~ interested. [Para 12] [ 727-H; 728-A-8] • 1.3. In the present case, the Reference was made only in respect of the amount of compensation. No reference F has been made in regard to the right of persons to whom it was payable or apportionment of compensation amongst the persons interested. The first respondent laid his claim on the title of the property. He has prayed for proper and effective implementation of the decree passed G "' by a civil court. He alleged mismanagement of the Wakf - property by the appellant. [Para 12] [ 728-C-D] 1.4. A reference court is not a court of original jurisdiction. It derives jurisdiction only in terms of the order H 722 SUPREME COURT REPORTS [2009] 2 S.C.R. A of reference.· The Act being a self-contained code, the manner in which the reference is to be made and the statement required to be made by the Collector has been . specified in Section 19 of the Act. The lis between the parties to the reference meaning thereby a person s interested and the State was with regard to the quantum of compensation. No other question can be raised therein. The reference court exercises a limited jurisdiction. It derives its jurisdiction from the terms of reference. [Para 13] [ 728-E-F] C 1.5. Even otherwise a civil court can direct impleadment' of a third party in a suit only in a case where he is a proper or necessary party and otherwise have an interest in the subject matter of the suit
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