BIRLA JUTE AND INDUSTRIES LIMITED Vs. CIVIL JUDGE

JUDGEMENT

(1.) This petition, under Art. 226 of the Constitution, has been filed by the Birla Jute and Industries Ltd., for quashing of the order of the Civil Judge, Chittorgarh, dated 15-4-89 in Civil Misc. Case No. 1/88, and the award given by the Collector. The prayer made is further that the Collector be directed to determine the amount of compensation afresh.

(2.) Birla Cement Works is a Unit of Birla Jute and Industries Ltd., a Company incorporated under the Indian Companies Act, 1956, having its registered office at Calcutta.

(3.) The petitioner-Company required material for the manufacture of cement which is excavated from the land which is taken over by the Company, u/s. 89(4) of the Rajasthan Land Revenue Act, 1956. The petitioner-Company, made an application to the Collec-tor, for handing over possession of the land by dispossessing respondents Nos. 3 and 4, to whom the same belonged. The application was contested by respondent No. 3, protest-ing against the acquisition. The application made by the petitioner was finally transferred to the Addl. Collector. On 15-12-87, he determined the compensation to the tune of Rs. 2,38,110.45. The petitioner-Company, did not accept the award and submitted an application under S. 89(4), read with S. 18 of the Land Acquisition Act, 1894, before the Addl. Collector No. II, Chittorgarh, for making reference to the Civil Judge. The Additional Collector, accepted the reference of the petitioner, and consequently, made the reference to the Civil Judge, for determina-tion of the amount of compensation.