CHAMNA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) After arguing for some time, Mr. Choudhary, learned counsel appearing for the petitioner, having instructions of the petitioner, does not press the present writ petition. He, however, submits that since his house, which has been constructed on the land in question has been demolished by the respondent, they may be directed to award appropriate compensation for the construction, which was existing on the site.

(2.) Ms. Rekha Borana, learned Additional Advocate General, on the other hand, submits that the petitioner's land had been acquired, while taking up the proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as "the Act of 1894") and, as such, if any amount qua the petitioner's construction is to be determined, the same can be determined only by the Land Acquisition Officer.

(3.) Having regard to the facts and circumstances of the case and considering that petitioner's constructed house has been demolished during the period interregnum, for which the State, in any event, is under statutory obligation to compensate, this Court deems it appropriate to direct the petitioner to move appropriate application under Section 18A of the Land Acquisition Act, 1894 for enhancement/determination of the compensation. The petitioner may move appropriate application before the competent authority within a period of 15 days from today alongwith all relevant material/evidence who shall make a reference forthwith. On the reference being made by the Collector, the Court/competent authority shall decide the same as early as possible preferably before 31.12.2019.