(1.) The instant writ petition has been filed for seeking direction to the respondents to enforce the award dated 20/11/1998 (Annx. 4) passed under the Land Acquisition Act and to quash the order dated 24/12/1999 (Annx. 6), by which the earlier award dated 20-11-1998 had been cancelled.
(2.) The facts and circumstances giving rise to this case are that petitioners' claim to be the owner of the land in dispute in Aaraji No. 21e, situate in the Revenue Estate of village Vadgun, district Banswara, having certain constructions thereon and in respect of which a Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act") was issued on 12-6-1997 (Annx. 1). The substance thereof was published in the local newspaper on 14-7-1997 (Annx. 2). The parties entered into a compromise and the provisional award was passed by the Land Acquisition Officer on 13-10-1998 (Annx. 3) and the final award was made on 20-11- 1994 (Annx. 4). Initially, the writ petition was filed with a direction to the respondents to enforce the said award dated 13-10-1998 (Annx. 3) and the final award dated 20-11-1998 (Annx. 4); however, during pendency of the writ petition, a fresh order has been passed on 24-12-1999 (Annx. 6) cancelling the said award. Hence the petition was amended for quashing the said order dated 24-12-1999 (Annx. 6) and to enforce the Award dated 20- 11-1998 (Annx. 4).
(3.) Mr. D.S. Shishodia, the learned Senior Advocate, has submitted that once the award has been made, the respondents are bound to ensure its compliance and in absence of any competence to cancel the said award under the Statute, the order dated 24-12-1999 is void and nullity. On the other hand, Mr. Kalla, learned counsel for respondents, has submitted that the parties could not have entered into the compromise at any stage and the Award has been cancelled after holding the inquiry, therefore, the order dated 24-12-1999 is a valid order under the law for the reason that the Award dated 20-11- 1998 (Annx. 4) had not been made in accordance with law.
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