RATAN LAL GARG Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order of Land Acquisition Officer dated 24.4.2001 by which his application for making a reference to the civil court u/s. 18 of the Land Acquisition Act, 1984 (for short-the Act) for enhancement of the compensation was dismissed.

(2.) Bereft of unnecessary details, factual matrix of the case is that the land bearing khasra no.459/461 situated in village Kotara, measuring 2 bighas and 10 biswas was acquired by the State and an award was passed by Land Acquisition Officer/OSD, UIT, Ajmer on 7.9.2000. Compensation to the tune of Rs. 1,00,000/- per bigha was awarded to the petitioner along with other compensation. Possession of the acquired land was also taken by the Land Acquisition Officer on 13.9.2000. Dissatisfied with the quantum of compensation, petitioner filed an application directly before the civil court u/s. 18 of the Act on 20.10.2000 praying for enhancement of the compensation. Learned Civil Judge, Senior Division, Ajmer vide his order dated 24.2.2001 passed an order for returning of the original application to the petitioner with the direction to present the same before the appropriate authority. Original application along with the connected papers were returned to the petitioner on 14.3.2001 and within three days thereof i.e. on 16.3.2001. Petitioner filed application before the Land Acquisition Officer, which has been rejected by him vide the impugned order.

(3.) Shri Digvijay Mantri, learned counsel for the petitioner has argued that though the first proviso to sub-section (2) of Section 18 stipulates limitation of six weeks from the date of award, for filing an application envisaged in that provision, but object of Section 18, supra is to provide a remedy to the person interested in the land to claim enhancement of the compensation. Petitioner under bona fide, though erroneous; legal advice directly made an application before the civil court whereas such application was required to be filed before the Land Acquisition Officer first. However, the application that was made by the petitioner on 20.10.2000 before the civil court was actually filed within a period of six weeks as provided by first proviso to sub-section (2) of Section 18. This fact is not denied even by respondents. He further submitted that when original papers along with the application were returned to the petitioner on 14.3.2001 by the civil court, petitioner filed such application before the Land Acquisition Officer within three days on 16.3.2001. This shows his diligence. The aforesaid provision has to be construed in the light of the facts of the present case. Learned counsel in support of his argument cited judgement of this Court in Natholi vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.2574/1994 decided on 17.8.1994 and argued that the Land Acquisition Officer is bound to make a reference and he could not reject the application even on the basis of limitation, which question could be examined by the civil court.