SPECIAL TAHSILDAR, LAND ACQUISITION Vs. CHANDRAMATHY

JUDGEMENT

(1.) This writ petition is filed by the Special Tahsildar, Land Acquisition, International Airport, Thiruvananthapuram, challenging the order dated 05.08.2009 passed by the Lokayukta in Complaint No. 599 of 2008. The subject issue raised by respondent Nos. 1 to 3 in the writ petition before the Lokayukta was that the property having an extent of 7.5 cents belonging to the respondents was acquired by the writ petitioner as per proceedings bearing LAC No. 114/99 on the files of the petitioner-Tahasildar.

(2.) The case projected by the respondents was that award notice was served on them on 23.06.2003 and they have filed a reference application under Section 18 of the Land Acquisition Act, 1894 ('Act, 1894' for short) on 17.07.2003 before the writ petitioner. However, in spite of that, no steps were taken to refer the matter to the Reference Court in terms of the provisions of Act, 1894 and thus, sought appropriate orders. The writ petitioner objected to the relief sought for by the respondents contending that though a reference application was filed under Section 18 of the Act, 1894, the same was not in time prescribed under law and hence, the reference was not made to the competent court.

(3.) Therefore, the question that arose for consideration before the Lokayukta was whether the reference application given by the respondents was in time as is provided under Section 18 of Act, 1894. Along with the complaint, respondents have filed Ext. P2 dated 17-07- 2003, which is alleged to be the objection filed by them on receiving notice under Section 12(2) of the Act 1894 stating that the award amount was received under protest and that the respondents are entitled to get the land value at the rate of Rs.3,00,000/- per cent and accordingly, requested that reference may be made to the Sub Court for adjudication in accordance with the provisions of the Act, 1894.