P. P. Naolekar, J. - (1.) All these appeals involve common question of law and fact to be determined by this Court except the different parcels of land of the respondents acquired under the Land Acquisition Act, 1894 (in short, referred to hereinafter as 'the Act') and are thus decided by this common judgment. The Central Government required land for establishment of military-cantonment for the Ministry of Defence and, therefore, for the said public purpose, the State of Rajasthan issued notification under Section 4(1) of the Land Acquisition Act which was published in the Rajasthan Official Gazette on 30th April, 1996. Thereafter, the necessary declaration under Section 6 of the Land Acquisition Act, 1994 was published in the gazette on 21st December, 1987. After issuing notice under Section 9 of the Act and after hearing the objections of the land-owners, the Land Acquisition Officer (Sub-Divisional Officer), Jaisalmer passed award on 20th December, 1989 under Section It of the Act for the lands of the villages Thayat, Hamira, Kishanghat, Jehary, and Kalyangarh in Jaisalmer District.
(2.) The respondents were not satisfied with the award given by the Land Acquisition Officer and, therefore, moved the Land Acquisition Officer for referring their matters in reference to the Civil Court for adjudication of the amount of compensation and the matters were referred to the Civil Court. The Civil Court by its award, in each case, passed an order of compensation in the following manner: JUDGEMENT_59_LAWS(RAJ)9_1996_1.html Interest under Section 23(1), A consortium under Section 23(2), and interest under Section 28 of the Act were also ordered to be paid. The Court has awarded an amount of compensation for the trees standing on the lands on the basis of variety of trees viz., Rs. 500/- per tree of Bordi, Khejari, Kumbhat, and Babul; and, Rs. 250/- per tree of Ker and Jai. The Civil Court has also awarded compensation under Section 48-A of the Rajasthan Land Acquisition Act, 1953 for not passing award in one year from the date of publication of the notification under Section 6 by the Collector.
(3.) All these appeals have been filed by the Union of India challenging the award of the Civil Court. At the very outset, counsel for the Union of India has stated that he does not challenge the award made by the Civil Court in respect of trees and the amount which would be payable under Sections 23 (1 -A), 23(2) and 28 of the Act, on the amount of award, on the other hand, counsel for the respondents Mr. S. N. Sharma has frankly conceded that the award made by the Civil Court under Section 48-A of the Rajasthan Land Acquisition Act, 1953 cannot be supported as on the date i.e., 30-4-86 when the notification under Section 4 of the Land Acquisition Act was published the Rajasthan Land Acquisition Act, 1953 was not in force. Thus the compensation awarded to the respondents by the trial Court under Section 48-A of the Act is not sustained and, accordingly, the award of compensation under that head viz., Section 48-A, Rajasthan Land Acquisition Act, 1953 is hereby set aside.;