HEMANT GUPTA, J. - (1.) The challenge in the present revision petition is to the order passed by the learned Land Acquisition Collector on 3.1.2003 whereby the amount of compensation assessed by the Land Acquisition Collector was ordered to be paid on furnishing of bank guarantee/ surety in the proceedings under section 28-A of the Land Acquisition Act, 1894 (hereinafter to be referred as "the Act").
(2.) The conditional order of releasing of payment of compensation was, in fact, based upon the order passed by this Court in appeal arising out of the case against the award under section 18 of the Act.
(3.) This Court in CM No. 5767-CII of 2003 in RFA No. 2300 of 2001 titled State of Haryana etc vs. Rattan Singh etc, has since modified the said order and directed that the amount of compensation shall be paid to the land-owner subject to his furnishing of adequate security to the satisfaction of the executing Court. The Land Acquisition Collector while assessing the compensation cannot impose any condition of payment of compensation on surety or otherwise. The order passed by the learned Land Acquisition Collector is final order determining the amount of compensation on behalf of the State Government and the State Government has no jurisdiction to dispute the said order. Therefore, the condition imposed by the Land Acquisition Collector is wholly illegal and unconstitutional. Consequently, the said part of the impugned order is set aside.;