RAJESH KUMAR Vs. STATE OF MP

JUDGEMENT

(1.) Writ petition has been filed as against interlocutory order dated 29/1/2007 passed by the First Addl. Judge to the Court of Illrd Addl. District and Sessions Judge (Fast Track Court), Khandwa in Reference Case No. 67/06 thereby rejecting the application for inclusion of the claim with respect to compensation of trees in the pending reference under section 18 of the Land Acquisition Act.

(2.) It is not in dispute that the petitioner had sought a reference for enhancement of compensation aggrieved of award passed by the Land Acquisition Officer. Reference is pending before the Court-below for determination of adequate compensation. Prayer was made by moving application (P/4) under Order 6, Rule 17, Civil Procedure Code for addition paras 2 and 3 in the claim petition that 19800 Neelgiri trees were planted under the Government Scheme of which Land Acquisition Officer has not made any valuation, for which the petitioner was entitled to claim compensation. In addition compensation was also claimed for water tank. Application has been rejected by the Court-below. Aggrieved thereby the instant writ petition has been preferred.

(3.) Shri Vivek Rusia, learned counsel appearing on behalf of the petitioner has submitted that even if prayer was not made before Land Acquisition Officer for claiming the valuation of trees such a prayer could have been made before the Reference Court under section 18 as the reference is for determination of amount of compensation payable to the petitioner. The land as defined under section 3 (a) includes "benefits arising out of land and trees attached to the earth." Thus, the Reference Court was bound to determine the question raised. The rejection of application is impermissible.