PRASANNA KUMARI AMMA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is the owner of 6.250 Cents of land comprised in Survey No. 425/13 in Vanchiyoor Village and the buildings situated in that property. The property and buildings were acquired by the respondents for the expansion of International Airport, Thiruvananthapuram. An award was passed on 21.6.2003 awarding an amount of Rs. 2,64,496/- to the petitioner but the same was not disbursed to the petitioner on the ground that she did not produce her title deed. The petitioner and other challenged the entire land acquisition proceedings in OP No. 9708/1999 before this Court. There was an interim order which was subsequently modified by this Court by which an option was given to land owners. It was ordered that those who are willing to surrender the land can surrender the same. OP No. 9708/99 was dismissed on 20.6.2003. Challenging that judgment some of: the petitioners in the original petition filed Writ Appeal No. 1262/2003 on 31.7.2003. The appeal came up before the Division Bench on 1.8.2003. The Writ Appeal was admitted and an interim order was passed to the effect that not to dispossess the appellants from their properties. That interim order was in force till 14.9.2004 on which date the same was vacated.

(2.) According to the petitioner on receipt of the copy of the award, she submitted an application under S.18 of the Land Acquisition Act in the prescribed format. It is averred that the 1st respondent has not referred the matter to the Sub Court and hence a direction may be issued to refer the matter to the Sub Court. The Land Acquisition Officer filed a counter affidavit contending that the petitioner did not file any application within 42 days from 21.6.2003, the date of passing of the award.

(3.) It is also contended that this Court by interim order dated 9.4.1999 in CMP No. 16008/99 in OP No. 9708/99 stayed the dispossession of land for 3 months. The said stay order has been extended until further orders on 7.6.1999. Subsequently the interim orders passed in CMP No. 38627/99 in OP No. 4036/99, CMP No. 12309/2000 in OP No. 7386/2000 and CMP No. 38664/1999 and OP No. 9708/99 were modified permitting the Land Acquisition Officer to take possession of the land from those who are willing to surrender. It is further submitted that the stay was vacated by this Court on 18-6-2003. It is averred that a notice of award was issued on 21-6-2003 and served on the petitioner on 24-6-2003 and the land was taken in possession on 25-6-2004. It is also averred that the petitioner received the LA compensation on 30-6-2004 under protest. It is contended that the petitioner did not file any reference application within 42 days from 24.6.2003 i.e. the date from receipt of notice under S.12(2) of the LA Act. It was contended that she had submitted the reference application only on 30-06-2004 which is after the expiry of one year from the receipt of S.12(2) notice and hence barred by limitation.