Padam Singh and anr. Vs. the State of Rajasthan and anr.

.....award--whether reference can be made to collector;under section (3)(c) the expression 'collector' means the collector of a district and includes an additional collector appointed to a district as well as any officer specially appointed by the government to perform the functions of a collector under this act.;section 18(1) does not lay down that the application for reference should be made to the collector who made the award. it can therefore be made to any one who is a collector within the meaning of section 3(c). - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - 5. under section 3(c) the expression 'collector' means the collector of a district and includes an additional collector appointed to a district as well as any officer specially appointed by the government to perform the functions of a collector under this act......of the police of the district on behalf of the police department made a written application to the collector of the district asking him to make a reference to the district court to the determination of the amount of compensation.4. the award in this case was not made by the collector of the district, but it was made by one shri m.r. dhariwal, an officer specially appointed by the government to perform the functions of a collector under the rajasthan land acquisition act. section 18(1) runs as follows:18. reference to court. - (1) the government department on whose i behalf acquisition is being made or any person interested who has not accepted the award or the amendment thereof may, by written application to the collector, require that the matter be referred by the collector for the determination of the court whether his objection be to the measurement of the land, the amount of the compensation, the amount of costs allowed, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.5. under section 3(c) the expression 'collector' means the collector of a district and includes an additional collector appointed to a district as well as any officer specially appointed by the government to perform the functions of a collector under this act.6. section 18(1) does not lay down that the application for reference should be made to the collector who made the award. it can therefore be made to any one who is a collector within the meaning of section 3(c). the collector of the district who is included in this definition was competent to make the present reference.7. the revision application is accordingly dismissed. in the circumstances of the case, i leave the parties to beart heir own costs.