SPECIAL TAHSILDAR Vs. MURUGESA GOUNDER

JUDGEMENT

(1.) IN all these writ appeals, the Executive Engineer, Tamil Nadu Housing Board, Vellore questions the orders in the writ petitions directing the Special Tahsildar, Land Acquisition Housing, Ranipet to refer the matter under Section 18 of the Land Acquisition Act to Civil Court for adjudication pursuant to the Award Nos.4/1988 and 5/1988 dated 30.6.1988, 14.9.1988 and 1.8.1988.

(2.) THE details as to the issues are as follows:

(3.) A perusal of the award shows that the land acquisition officer has made a reference in the award, namely, "Reference under Section 18 of the Land Acquisition Act will be sent to the Principal Subordinate Judge, North Arcot Vellore to decide the enhanced compensation as per rules." It is true that by the above, the Special Tahsildar, Land Acquisition had indicated that a reference under Section 18 would be sent to the Civil Court for a decision as to enhancement of compensation as per rules. The said observation was made as early as on 30.6.1988,14.9.1988 and 1.8.1988. Though it is claimed by the contesting respondents that they are under the bona fide impression that the Land Acquisition Officer would come forward to refer the matter, in our opinion, such claim cannot be accepted for more than one reason that the observation was made in the year 1988 and the contesting respondents did not take any step or not even bothered to verify as to whether the reference has been made or not, till they approached this Court in the year 2002 i.e. after a period of nearly 14 years.