URBAN IMPROVEMENT TRUST JAIPUR Vs. PADMANAND

JUDGEMENT

(1.) The controversy in this appeal is as to whether an Urban Improvement Trust, created under the Rajasthan Urban Improvement Act, 1959 thereinafter called 'the 1959 Act'), is competent to demand a reference under Section 18 of the Rajasthan Land Acquisition Act. "1953, in such matters where the acquisition is made at the behest of the Urban Improvement Trust.

(2.) The facts, which have given rise to this appeal, shortly put, are that land commonly known as 'Madhusudan Ka Bagh' situated in village Bhojpura on Jaipur-Tonk Road, was acquired by the State Government for the planned development of the city of Jaipur. It is not in dispute that the acquisition proceedings were initiated by the Town Planning Department of the State Government for the purposes of and at the behest of the Urban Improvement Trust, Jaipur (hereinafter referred to as 'the Trust'). The Land Acquisition Officer, Jaipur passed an Award on March 25, 1969 for the sum of Rs. 84,430/ for the acquisition of the land in question. The Chairman of the Trust moved an application before the Land Acquisition Officer, under Section 18 of the Rajasthan Land Acquisition Act, 1953 (hereinafter referred to as 'the Act of 1953') for making a reference to the Civil Court for the determination of proper amount of compensation and of the persons who were legally entitled to such compensation. A reference was made by the Land Acquisition Officer to the Court of the Civil Judge, Jaipur City. A preliminary objection was raised on behalf of the respondents before the Court that the reference was not maintainable, as the Trust was not entitled to demand a reference under Section 18 of the Act of 1953. The Civil Judge, by his order dated Jan. 16, 1975 accepted the preliminary objection and held that the Trust was not entitled to demand a reference and rejected the reference on the ground that it was not maintainable. Hence, this appeal was filed in this Court.

(3.) Section 18 of the Act of 1953 as amended, which is relevant for the purpose of determination of the question which has been raised before us, reads as under :-