(1.) THIS order shall also govern disposal of W.P. Nos. 2734/05. 2735/05, 2736/05. 2737/05, 2738/05. 2739/05. 2740/05. 2741/05 and 2742/05. Heard this petition finally today itself on advance copy being served upon the counsel for State as in my view looking to the issue involved in the ease and the order which 1 propose to pass in these cases it is not necessary to file any counter-affidavit by the respondent. This petition is by the land owner against an order dated 1 1.1.2005 passed b\ learned Additional District Judge, Kukshi in M.J.C. No. 20/2005.
(2.) BY impugned order the learned Additional District Judge dismissed the reference made to the Civil Court (concerned A.D.J.) u/s 18 of the Land Acquisition Act at the instance of petitioner i.e. land owner whose land has been acquired under Land Acquisition Act without giving any notice to the petitioner. Heard Shri A. Pahadiya, learned counsel for petitioner and Shri Gajankush. learned Government Advocate for State on advance copy. Having perused the impugned order and having heard learned counsel for parties. I find that the learned Reference Judge did not take notice of the provisions of section 20 of the Land Acquisition Act which makes it obligators on him to issue notice to the land owner and then decide the reference u/s 18 of the Land Acquisition Act on merits. In other words it is obligatory upon the reference "Court to first issue notice to the land ' owner before passing any award either in favour of the land owner or against him. In no case, the reference can be answered and that too against the land owner b\ the reference Court without issuing an\ notice to the land owner and only on hearing the State as also the land owner whose land has been acquired in the acquisition proceedings. Since in this case no notice was issued to the petitioner and the reference was decided In the reference Conn only on what was suited by the officers who appeared for State on the date, the impugned order rejecting the reference is not liable to be sustained. It is accordingly set aside.