LALDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Arts. 226 and 227 of the Constition of India by Laldeen for quashing the order (Ex. 10) dated January 24, 1976, by which, the Land Acquisition Officer, Jaisalmer declined to make a reference under s. 18 of the Rajasthan Land Acquisition Act (No. XXIV of 1953) (for short 'the Act' hereinafter ).

(2.) A few facts leading to this writ petition may briefly be recounted here. The award (Ex. 8) dated March 20, 1975 was made by the Land Acquisition Officer, Jaisalmer in respect of the well situate in Khasra No. 77 of village Hawatala which was acquired and handed over to military authorities for the purpose of establishing of Field Firing Range. The amount determined was Rs. 10, 930. 70p as detailed in the award (Ex. 8 ). A direction was made by the Land Acquisition Officer that as the compensation relates to the public property, it should be placed at the disposal of the Collector, Jaisalmer for public utilities.

(3.) S. 18 of the Act is as under: " 18. Reference to Court. (1)The Government Department on whose behalf (or the Company for which)acquisition is being made or any person interested who has not accepted the award or the amendment thereof may, by written application to the Collector require that the matter be referred by the Collector for the determination of the Court whether his objection be to the measurement of the land, the amount of the compensation, the amount of costs allowed, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. (2)The application shall state the grounds on which objection to the award or the amendment thereof is taken: Provided that every such application shall be made, (a)if the person making it was present or represented before the Collector at the time when he made his award or the amendment thereof, within six weeks from the date of the Collector's award or the amendment thereof, and (b)in other cases, within six weeks of the receipt of the notice from the Collector under Section 12, sub-section (2), within six months from the date of Collector's award or the amendment thereof whichever period shall first expire. (3)Any order made by the Collector on an application made under this section shall be subject to revision by the High Court as if the Collector were a Court subordinate to the High Court within the meaning of Section 115 of the Code. " Subs. (1)of S. 18 of the Act corresponds to s. 18 (1)of the Land Acquisition Act, (No. 1 of 1894 ).