Ramesh Chand and Another vs The State of Rajasthan and Another

Alok Sharma, J.—At the outset, the counsel for the petitioners submits that the petitioners will be satisfied in the event a direction were to be issued in their favour allowing the petitioners to participate in the proceedings under Sec. 18 of the Land Acquisition Act, 1894 (hereinafter ''the Act of 1894'') taken by their brother Mahesh Chand for enhancement of compensation under the award dt. 29.05.2007 in view of the fact that the petitioners as recorded in the records of rights are the co-khatedars along with Mahesh Chand of the land acquired. Mr. Inderjeet Singh and Mr. Pradeep Kalwania, Addl.G.C. appearing for the respondents have no serious objection to the prayer made.

Section 18 of the Act of 1894 provides for making a reference at the instance of the person interested who is dissatisfied with the compensation determined by the Land Acquisition Officer in the award. Detail procedure for making a reference including the issue of limitation has provided under Sec. 18 of the Act of 1894. It was for the petitioners to have taken their remedy under law. However in the facts of the case, in the event the petitioners were to move an application before the civil Court where the reference at the instance of their brother Mahesh Chand is stated to be pending and is in fact pending, the civil Court may decide the said application in accordance with law.

Apart from the aforesaid, even otherwise the petitioners would have a remedy under Sec. 28A of the Act of 1894, if on the reference by their brother Mahesh Chand, the compensation under the award dt. 29.05.2007 is enhanced. The petition stands disposed of with the above observations.