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Issues: Whether a reference under Section 30 of the Land Acquisition Act, 1894 was competent when the Collector had only a doubt about the petitioner's entitlement to compensation and no rival claimant had asserted a claim to the amount.
Analysis: A reference under Section 30 presupposes a real dispute as to apportionment or as to the persons to whom compensation is payable. The expression "dispute" in that provision was construed as involving rival contending parties laying claim to the whole or part of the compensation. Where the Government merely questions the petitioner's eligibility but does not assert that any other person is entitled to the compensation, the statutory condition for reference is not satisfied. Since jurisdiction under Section 30 depends on the existence of such a dispute, the Collector could not assume jurisdiction on a bare doubt. The High Court also held that it could examine the jurisdictional fact in writ proceedings.
Conclusion: The reference under Section 30 was without jurisdiction and was liable to be quashed; the petitioner was entitled to receive the compensation under the award.
Ratio Decidendi: A reference under Section 30 of the Land Acquisition Act, 1894 can be made only when there is a genuine dispute between rival claimants as to apportionment or entitlement to compensation, and a mere doubt about one claimant's title does not confer jurisdiction on the Collector.
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