IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No.245 of 2004. Decided on: August 31,2011. J.P. Industries Limited …….Petitioner. Versus Land Acquisition Collector and others …….Respondents. ________________________________________________ Coram The Hon’ble Mr. Justice V.K. Ahuja, Judge Whether approved for reporting? No. For the petitioner: Mr.Neeraj Gupta, Advocate. For the respondents: Mr.J.S. Guleria, Assistant Advocate General for respondent No.1. Mr.B.B. Vaid, Advocate, for respondent No.2. ---------------------------------------------------------------- Justice V.K. Ahuja,J.(oral): Present petition has been filed by the petitioner-Company under Article 227 of the Constitution of India against the order dated 24.3.2004 passed by the learned Land Acquisition Collector-cum-Relief and Rehabilitation Officer, Sub Division Nichar, District Kinnaur, H.P., vide which he entertained the application for compensation. In the heading of the application, it was alleged that it is qua survey to be conducted regarding loss caused despite assurance to the applicants, who are respondents No.2 and 3 before this Court. Neither any provision of law was mentioned nor the learned Land Acquisition Collector, while exercising 2 the powers and awarding the compensation to the extent of ` 2,74,704/- as against the petitioner, observed as to under which provision of law he was entertaining the application and was passing the impugned order. The main plea of the learned counsel for the petitioner is that the learned Land Acquisition Collector had no power under the provisions of the Act and this has also been conceded by the learned Assistant Advocate General appearing on behalf of respondent No.1. This fact has also not been disputed by the learned counsel appearing for respondent No.2. 2. From the above discussion, it is clear that the order passed by the learned Land Acquisition Collector awarding compensation, as detailed above, is liable to be set aside and the same is set aside since no provisions have been mentioned under which the application was entertained and the orders were passed by the learned Land Acquisition Collector. The matter is remanded back to the learned Land Acquisition Collector/SDM, Nichar, who shall consider all the contentions put forth before him regarding his jurisdiction and maintainability of the application while disposing of the said application. He shall also consider the appropriate provisions, make reference to the said provisions and shall decide the matter afresh. The parties through their counsel are directed to appear before the learned Collector on 19.9.2011. Needless to say, notice shall be issued to the unrepresented 3 affected parties before passing any order. The learned Collector shall try to dispose of the application as far as possible by 31st December, 2011 according to law. The Registry is directed to send the record, if any, of the case alongwith a copy of this order so as to reach before the concerned Court well before the date fixed. 3. The petition stands disposed of accordingly, so also the pending application(s), if any. August 31, 2011 (V.K. Ahuja), (tilak) Judge.