The Collector or the Officer empowered in this behalf can only hear the objections, make an enquiry, and forward his report with recommendations to the State Government, which is the appropriate Government to take a final decision on such objections as per Section 15(3) of the Act.

JUDGMENT

1. The appellants-petitioners herein have approached this Court through this intra court appeal for assailing the order dated 27.04.2021 passed by the learned Single Bench dismissing the S.B. Civil Writ Petition No.1507/2021 filed by the appellants and repelling the challenge made to the notification dated 29.11.2019 (Annexure-1 to the writ petition) issued by the District Collector, Jodhpur for acquisition of land including that of the petitioners and the order dated 12.03.2020 (Annexure-7 to the writ petition) passed by the Sub Divisional Officer, Pipar City, whereby the objections submitted by the petitioners against the proposed acquisition of their lands (for the purposes of construction of State Highway) were rejected.

2. For the purpose of ready reference, Section 15 of the Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (hereinafter referred to as the 'Act of 2013') is reproduced herein below:-

"15. Hearing of objections.-(1) Any person interested in any land which has been notified under sub-section (1) of section 11, as being required or likely to be required for a public purpose, may within sixty days from the date of the publication of the preliminary notification, object to--

(a) the area and suitability of land proposed to be acquired;

(b) justification offered for public purpose;

(c) the findings of the Social Impact

Assessment report.

(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub- section (1) of section 11, or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him along with a separate report giving therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of that Government.

(3) The decision of the appropriate Government on the objections made under sub-section (2) shall be final."

Shri Rajesh Joshi, learned Senior Advocate, assisted by Ms. Kamini Joshi, representing the appellants-petitioners, vehemently and fervently urges that a plain and simple reading of the statutory provision would make it clear that the objections submitted by the aggrieved persons whose land is under acquisition have to be considered and decided by the appropriate Government. He urges that in the present case, admittedly the SDO assumed the role of the appropriate Government and rejected the objections raised by the petitioners and thus, the impugned orders as being without jurisdiction are vitiated. He submits that the view taken by the learned Single Bench with reference to Section 3(e) read with Section 15 of the Act of 2013 that the Land Acquisition Officer himself would be the appropriate Government, is on the face of the record incorrect because if the said ratio is approved, the very import of Sub Section (2) of Section 15 would be rendered otiose. He thus urges that the impugned order dated 27.04.2021 passed by the learned Single Bench rejecting the writ petition of the appellants-petitioners so also the order dated 12.03.2020 passed by the SDO, Pipar City deserves to be quashed.

Learned AAGs Shri Sunil Beniwal and Shri K.S. Rajpurohit representing the respondents though, vehemently and fervently tried to support the view taken by the learned Single Bench but they too could not countenance the submission of Shri Joshi that as per Section 15(2) of the Act of 2013, the objections against the proposed land acquisition under the Act of 2013 are required to be made to the Collector who, in turn would be obliged to g