RAJASTHAN STATE INDUSTRIAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE State Government issued a Notification dated 18th July, 1979 for acquisition of the land in dispute situated at village Jhalana Chod, Tehsil Sanganer, District Jaipur. The Notification under Section 6 of the Rajasthan Land Acquisition Act, 1953 (hereinafter to be referred as the Act of 1953) issued on 22nd June, 1982 followed by the Notification under Section 17(4) and notice under Section 9 of the Act of 1953 and the lands of the respondents No.3 and 4 measuring 14 bighas 10 biswas comprised of Khasra No. 1 situated at village Jhalana Chod, Tehsil Sanganer, District Jaipur were acquired and the Land Acquisition Officer passed the Award on 14th May, 1984 which was later on modified on 28th November, 1985. It was submitted by the petitioner RIICO that in pursuance of the award full and final payment was made to the respondents No. 3 and 4. The respondents No. 3 and 4 did not challenge the award ai the relevant point of time. After more than six years of the award and 5 years of the modified award, respondents No. 3 and 4 submitted an application on 5th April, 1990 claiming additional solatium under Section 23(1A) as well as additional interest Under Section 34 of the Land Acquisition Act, 1894 (as amended from time to time) (hereinafter to be referred as the Acquisition Act). The learned Land Acquisition Officer vide its order dated 27th April, 1995 passed an order revising the compensation and the solatium. The petitioner challenged the second award dated 27th April, 1995 passed by the Land Acquisition Officer in the case No. 46/79 Devi Ram and Kanhaiya Lal v. RIICO.

(2.) IT is submitted by the learned counsel appearing on behalf of the petitioner that in view of Section 13(A) of the Land Acquisition Act which authorises the Collector ' to correct any clarical or airthmaticaf mistake in the Award or errors arising therein either on his own motion or on the application of any person interested or a local authority within a period of six month from the date of the award or where he has been required under Section 18 of the Acquisition Act to make a reference to the Court before making such reference after giving reasonable opportunity for making its representation in the matter to the affected person.

(3.) IT is further contended that Sub -section (1) of Section 23 of the Acquisition Act, the Court is required to take into consideration the following ingredients: -