JUDGMENT 1. - The principal contention of the learned counsel for the appellant is that the award under the Land Acquisition Act has been passed and reference in that relation has been entertained by the referee court but there were no proceedings taken under the Land Acquisition Act to acquire the land in question. There being no acquisition of land, provisions of Land Acquisition Act could not operate and the forum chosen by the respondents was illegal. 2. Learned counsel for the respondents admits that land was not acquired under the provisions of Land Acquisition Act but land has been otherwise taken for use and construction of roads and therefore they are entitled for compensation. 3. I have considered the rival submissions. 4. May be that for use and occupation of a land, belonging to the respondents, the appellant is liable under Rajasthan Tenancy Act but as far Land Acquisition Act is concerned, compensation under the Land Acquisition Act can only be granted if proceedings were initiated under the Land Acquisition Act. A reference in this connection may be made to the case of B.K. Gupta v. The Ltd., Governor reported in AIR 1989 Calcutta 89 . In this view of the matter, the proceeding initiated by the Land Acquisition Authorities was per se without jurisdiction and therefore cannot be sustained. 5. Consequently, the appeal is allowed. The award impugned is set aside with liberty to the respondents to approach appropriate court in appropriate time.Appeal Allowed - Award Set Aside. *******