JOSE SANTY Vs. LAND ACQUISITION OFFICER AND TAHSILDAR

JUDGEMENT

(1.) This appeal is filed by the petitioner in Writ Petition No.24698 of 2014. The writ petition was filed challenging Ext.P8 order passed by the first respondent rejecting an application made by the appellant for reference under section 18 of the Land Acquisition Act, 1894 ('the Act', for short) on the ground that it was made belatedly. By the judgment under appeal, the learned Single Judge upheld Ext.P8. It is this judgment which is under challenge.

(2.) We heard the counsel for the appellant and the learned Government Pleader appearing for the respondents.

(3.) By notification dated 25.2.2006 issued under Section 4(1) of the Act, 16.85 cents of land of the appellant in Sy.No.1030/4-A-4 of Kothamangalam Taluk was acquired for the purpose of construction of a new bye-pass road crossing NH-49. The notice under Section 9(3) of the Act was given to the appellant on 6.2.2008 and in response, the appellant filed his objection on 12.3.2008 where he inter alia sought compensation of Rs. 6 lakhs per cent apart from the statutory benefits. Alternatively, he also sought reference under section 18. Subsequently on 10.6.2009, notice for taking possession of the land was issued and award was passed on 30.12.2013. Still later, Ext.P5 notice under Section 12(2) of the Act dated 6.1.2014 was served on the appellant on 21.2.2014. The appellant says that he received compensation amount by Ext.P6 pay order cheque on 24.3.2014, when he made his protest known to the respondents. Subsequently, he made an application under Section 18(4) for reference on 19.4.2014. It was this application which was rejected by the first respondent by Ext.P8 order stating that the application was made beyond six weeks permitted under Section 18(2)(b) of the Act, calculating the same from 21.2.2014, when the notice under section 12(2) was served on the appellant. In the judgment under appeal, the learned single Judge rejected the challenge against Ext.P8 and held that having regarding to the provisions of Section 18(2)(b), irrespective of whether copy of the award was also enclosed along with the notice under section 12(2) or not, the period of six weeks specified in Section 18(2)(b) should be reckoned from the date of service of notice under Section 12(2), viz. 21.2.2014 and that if so reckoned, the application under Section 18 submitted on 19.4.2014 is belated. It is on that reason the learned Single Judge upheld Ext.P8.