LAW FOR ALL

Once remedy in the form of civil suits had been resorted to, in our considered opinion, it was not at all proper exercise of power to invoke provisions under Section 30 of the Act with regard to apportionment of the compensation by directing refund of earnest money. It is not mandatory to make a reference to the civil court under Section 30 and adjudication of dispute in an appropriate case can be ordered by way of the civil suit.= a purchaser is entitled to step into the shoes of the owner to claim compensation though could not question the notification for acquisition. In our opinion even if it is held that respondent No.1 was the “person interested” within the meaning of Section 3(b) of the Act its case is not advanced so as to seek adjudication of the questions in the facts of this case in the reference under Section 30 of the Act which remedy was discretionary. - Resultantly, the appeals are allowed. The impugned judgment and order passed by the High Court is hereby set aside. The land owners are entitled for disbursement of the compensation. Obviously, it will be subject to the outcome of the civil suits in which refund of the earnest money along with interest had been sought by the respondent No.1. In case the appellants fail and refund is directed in civil suits, the landowners shall have to pay it as per the judgment and decree which may be passed. No costs.