Rajkumar and Other. Etc. Vs. Raj and Other Etc.

- land acquisition act (1 of 1894)section 18: [r.v.raveendran & j.m. panchal,jj] new plea - plea that there was delay in seeking reference under section 18 of the land acquisition act not raised before reference court or first appellate court or high court cannot be raised for first time before supreme court. section 23: [r.v.raveendran & j.m.panchal,jj] determination of compensation - acquisition of large areas of land held, government should ensure payment of realistic compensation with appropriate rehabilitation measures, to prevent ruination of poor families. the text below is only a summarized version of the order pronouncedthe appeal assailed the propriety of the decision of high court which held that the constitution of selection committee and the selection of the appellants was ultra vires the power of the government as since 1955, punjab public works department (irrigation branch) patwaris state service, class iii rules, 1955 occupy the field for selection and administrative instructions cannot be issued to constitute selection committee. the supreme court held that there was glaring illegality in the selection process as it was not in accordance with rules. but since the appellants came to be appointed by virtue of the selection made, they would continue in service till the proper selection is made and till the candidates are appointed in accordance with the rules. the names of the successful candidates are directed to be sent to the subordinate selection board wherein board would interview and recommend name of candidates strictly on merit basis.