UNION OF INDIA Vs. RATAN KAUR

JUDGEMENT

(1.) THESE appeals have been filed by the Union of India ('the U.O.I.') under Sec. 54 of the Land Acquisition Act, 1894 ('the Act') aggrieved by judgment dated 22.12.2003 passed by the Additional District Judge No. 2, Jodhpur; whereby, the references made to it under Sec. 18 of the Act were accepted and the compensation for land acquired was enhanced from Rs. 10,000/ - per bigha as awarded by the Land Acquisition Officer ('the L.A.O.') to Rs. 12,000/ - per bigha. As the award dated 13.12.1990 by the L.A.O. and the judgment dated 22.12.2003 on reference, by the Additional District judge, No. 2, Jodhpur are common and appeals raise common questions of law and facts, the same are being decided by this common judgment.

(2.) THE facts in brief are that the U.O.I. through Defence Estate Officer acquired land for defence purposes ad measuring 1716.22 acre comprised in various villages including about 976 bigha 12 biswa land situated in village Desuria Kharolan. Notification dated 17.08.1988 under Sec. 4 of the Act was issued by the Home Department, Government of Rajasthan and the same was published in the newspapers on 18.11.1988. Urgency clause was invoked and Notification under Sec. 6 read with Section 17 of the Act dated 15.12.1988 was issued and published in newspapers on 01.01.1989. Notices were issued under Sec. 9 to the land owners and the L.A.O. after undertaking the procedure as provided in the Act passed the award on 13.12.1990.

(3.) AGGRIEVED by the award dated 13.12.1990, the land owners sought reference under Sec. 18 of the Act, which was referred to the Additional District Judge No. 2, Jodhpur.