JORA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The two points involved in this appeal by special leave from a judgment from the Rajasthan High Court are first as to the competency of the reference made by the Collector under S. 18 of the Rajasthan Land Acquisition Act, 1953 (hereinafter called 'the Act'). at the instance of the State Government, for reduction of the amount of compensation awarded by him and second, as to whether the Collector by his award having made an offer on behalf of the State Government, could have made a reference under S. 18 of the Act at all. For obvious reason, these questions were not raised before the High Court. The acquisition was not under the Land Acquisition Act, 1894, but under the Rajasthan Land Acquisition Act, 1953. As compared with S. 18 of the Land Acquisition Act, 1894, the provisions of S. 18 of the Rajasthan Land Acquisition Act, 1953 are much wider in scope.

(2.) The facts are few and are not in dispute. The Land Acquisition officer awarded a total compensation of Rs. 6,92,317.34. We are not concerned with the compensation awarded for the building and the structures, but only with the compensation for the land acquired. On a reference under S. 18 of the Act made by the Collector at the instance of the State Government Department for which the property was acquired, the learned Civil Judge, Ajmer, reduced the amount of compensation for the land to Rs. 40/- per sq. yd. on appeal, the High Court enhanced the compensation amount to Rs. 42/- per sq. yd. and further granted an amount of Rs. 5,000/- as compensation for the electric fittings and fixtures.

(3.) There can be no doubt as to the competency of the reference under S. 18 of the Act which reads as follows: