ABDUL GANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a claimant's revision application against an order of the Collector Nagaur refusing to make a reference under sec. 18 of the Rajasthan Land Acquisition Act 1953 in a case covered by sec. 48 (2) thereof on the ground that such a reference is not contemplated by the Act.

(2.) THE facts which are necessary for the disposal of this revision application are these. Some land belonging to the petitioner at Makrana was proposed to be acquired by the then State of Marwar and notification dated 25. 9. 45 under Rule 2 of the Rules for the Acquisition of land for Public Purposes in Marwar State was published in the Marwar Gazette. Subsequently further proceedings for the acquisition of this land were dropped and on 12. 12. 54 the petitioner filed an application to the Collector for award of the compensation on account of damage alleged to have been suffered by him in consequence of the publication of the notice dated 25. 9. 45 under Rule 2 of the Marwar Acquisition Rules in the Marwar Gazette. After holding an enquiry the Collector came to the finding that the petitioner had not suffered any damage. THE petitioner thereupon filed an application to the Collector for making a reference under sec. 18 of the Rajasthan Land Acquisition Act 1953. This application was rejected by the Collector on the ground that no such reference was contemplated under the Act. THE provision for making a reference is contained in Part III of the Rajasthan Land Acquisition Act 1953. Sec. 48 (3) of this Act provides that the provisions of Part III shall apply, so far as may be, to the determination of the compensation payable under sec. 48 (2 ). THE learned Collector was of the opinion that as the wordings of sec. 18 are appropriately applicable only to cases in which an award is made by the Collector under sec. 12, sec. 18 cannot apply to cases covered by sec. 48 (2 ). He was obviously in error as he did not take into consideration the effect of the words "so far as may be" occurring in sub-section (3) of sec. 48. In view of this sub-section it is open to a person claiming compensation under sec. 48 (2) to ask the Collector to make a reference to the court under sec. 18.