URBAN IMPROVEMENT TRUST UDAIPUR Vs. PREM DEVI

JUDGEMENT

(1.) These two revisions filed by the Urban Improvement Trust, Udaipur, are directed against an order of Civil Judge, Udaipur, dated 18-8-1973 holding that the reference applications filed by it under Section 18 oil the Rajasthan Land Acquisition Act, 1953, were not competent inasmuch as it was not 'person interested' within the meaning of Section 18.

(2.) The decision of these revisions must turn on a consideration of Section 18 (1) of the Rajasthan Land Acquisition Act, 1953, which reads as follows:--

(3.) Shri Mathur, learned counsel for the applicant, with his usual fairness brought to my notice all the authorities which were against him. He was frank enough to state that there was no view to the contrary. The general consensus of judicial opinion is that the local authority for whose benefit land is acquired, is not a 'person interested' within the meaning of Section 3 (b) of the Land Acquisition Act, 1894, and, therefore, it is not competent to file an application for reference under Section 18 thereof. The same principles must apply to the construction of 'person interested' appearing in Section 18 of the Rajasthan Land Acquisition Act, 1953.