VASU SALIAN Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) Petitioner's land was acquired and an award was passed on 16.7.1998. Notice of award as contemplated under Section 12(2) of the Land Acquisition Act (hereinafter referred to as 'the Act') was not served on the petitioner. When petitioner came to know about the award, Ext. PI application dated 10.2.1999 was filed under Section 18 for referring the matter for enhancement of compensation. By Ext. P2, it was rejected on the ground that the application was filed after six months of the date of award. But it is also stated that petitioner was not served with any notice of award and he was absent and not represented in the award enquiry as whereabouts of the petitioner was reported to be not known. Since the address was not known the amount was kept as 'Revenue Deposit' and when petitioner came to know about the same, he requested for payment of the amount on 3.2.1999 and received the same on the same day under protest. On 10.2.1999, petitioner filed Ext. P1 petition within seven days of the knowledge of the award and receipt of amount under protest.

(2.) Learned Government Pleader submits that under Section 18, if there is notice of award, application should have been filed within six weeks of notice of award and if no notice was served it should be filed within six months from the date of award. Therefore, since Ext. PI petition was not filed within six months from the date of award, the application is time barred arid Ext. P2 order is correct. Section 18(2) reads as follows :

(3.) Under Section 28A, a second opportunity is given to persons interested in the land acquisition, but failed to file an application under Section 18, to request for determination of compensation on the basis of award of reference Court in respect of other land covered by the same notification. Wordings in Section 18(2)(b) and proviso to Section 28A(1) are different. They read as follows :