RADHEY SHYAM RATHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case is listed today for admission but with the consent and on the request of the learned Counsel for the- parties, it is heard and disposed of finally at the admission stage.

(2.) The instant writ petition has been filed for quashing the order dated 14.7.98 (Annexure 4) passed by the Collector, Bhilwara, as well as for modification of the impugned Award (Annexure 1) in terms of the application (Annexure 2) and also for making a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act").

(3.) The facts and circumstances giving rise to this petition are that under a Scheme known as "Tilaknagar Residential Scheme" approved by the State .Government, land acquisition proceedings were initiated by the State Government by issuing the notification dated 9.10.90. under Section 4 of the Land Acquisition Act, 1894 (hereinafter called, "the Act") and thereafter by issuing declaration dated 3.7.92 under Section 6 of the Act. Consequently, one Bigha and 12 Biswas of land belonging to the petitioner was finally acquired and vide award dated 26.8.94 (Annexure 1), a sum of Rs. 37.600/- was paid to the petitioner as compensation. Being aggrieved of the impugned award, petitioner moved an application under Section 18 of the Act before the Land Acquisi- tion Officer for making a reference under Section 18 of the Act. The respondent No'. 3 rejected the said application vide order dated 14.7.1998 (Annexure 4) on the ground that the contents of the application were not substantiated by any supporting documents revealing much more value of different items as claimed by the petitioner and the value of the petitioner's land had properly been assessed in the award made under Section 11 of the Act. Hence this writ petition.