M.L. Jain, J. - (1.) This order will dispose of two writ petitions, No. 1890 of 1972 and No. 1361 of 1973. Briefly stated, their facts are that for construction of a new Hospital Barmer the Govt. acquired the plot of land on which the premises of the Hospital now appear to stand. Possession of the land was taken on 27 -2 -61. Out of this land: - 1. The land measuring 177689 sq. ft. and 3473 sq. Gaz belonged to the petitioner Hukamsingh (who is since then dead) & the Collector that is the Land Acquisition Officer awarded on 29 -7 -69 the compensation of Rs. 1,27,706 and Rs. 9,945/ - respectively, vide petition No. 1890/72.
(2.) The land measuring 12654 sq. yards belonged to deceased Mohbta and Magna, now represented by the petitioners. The amount of compensation awarded to them on 29 -7 -69 was Rs. 35.937/ - vide petition No. 1361 of 1973. 2. The Collector in virtue of Sec. 31 of the Rajasthan Land Acquisition Act was required to tender the payment of the aforesaid amount and costs to the petitioner and pay the same to them, unless they did not CONsent to receive it, or there was no person competent to alienate the land, or if there was any dispute as to the title to receive the compensation or as to the apportionment of it, in which contingencies, the Collector is further required to deposit the amount of compensation and costs in the court to which a reference under Sec. 18 thereof would lie. Under rules 27 to 30 of the Rajasthan Land Acquisition Rules, 1956, the Collector is required to call the persons entitled to receive the amount and if even after his endeavours, no one appears, the amount shall be deposited into the Treasury as Revenue Deposit. The Collector that is the Land Acquisition Officer in these cases, neither paid the amount to the petitioners nor did he deposit it in the Treasury or in the Court.
(3.) Certain persons had made application for reference to the Court which were also rejected by the learned Land Acquisition Officer. The petitioners, therefore, in petition No. 1890 of 1972 now claim the aforesaid amount of award plus interest from the date of the award to the date of the petition totalling to Rs. 1,56,004. In the petition No. 1361 of 1973, the petitioners besides the compensation awarded, claim interest to the tune of Rs. 5,520/ - as interest from the date of the award to the date of the petition. The total amount they claim is Rs. 41,457/ -.;