G S CHANDRA SEKAREN Vs. COLLECTOR KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking for a direction to make a reference under Section 18 of the Land Acquisition Act, 1894 in respect of the petitioner's land in Pondur 'C' village, Sriperumbudur Taluk, Kancheepuram District.

(2.) THE writ petition was admitted on 3.1.2011. On the application for fixing an early date, this court posted the main writ petition to be heard during third week of October, 2011. However, the matter came to be posted before this court on being specially ordered by the Hon'ble Chief Justice.

(3.) ADMITTEDLY, under Section 18 of the Land Acquisition Act, 1894, an aggrieved person can seek for reference to the reference court for enhanced compensation provided he makes a written application to the Collector seeking for reference under Section 18(2)(a). The reference will have to be claimed within six weeks from the date of the Award or in other cases, six weeks from the date of receipt of notice from the Collector under Section 12(2) or within six months from the date of the Collector's Award. In the present case, the petitioner was fully aware of the proceedings including passing of the Award dated 15.1.1999. Therefore, he cannot state that it is only after receiving the compensation, he knew about the Award. The statement made by the petitioner cannot be believed. In the absence of the petitioner making an appropriate application as per the limitation found under the Act, the question of granting any relief to the petitioner will not arise.