GOVERNMENT OF PUDUCHERRY Vs. RAMALINGAM

JUDGEMENT

(1.) Introductory:- Whether the application submitted by the land owner while accepting 80% of the total compensation for reference to the Court for enhancement would amount to an application for reference under section 18 of the Land Acquisition Act is the core issue that arises for consideration in this appeal. Brief facts:-

(2.) The Land Acquisition Officer received a protest letter from the respondents immediately after the payment of 80% of the compensation and before passing the final award. However, the Land Acquisition Officer failed to refer the matter to the Reference Court under section 18 of the Land Acquisition Act. The Writ Petition filed by the respondents in W.P.No. 24668 of 2014 to direct the Land Acquisition Officer to refer the matter to the Civil Court for enhancing the compensation, was allowed by the learned Single Judge. Feeling aggrieved, the Government of Union Territory of Puducherry is before us. Submission:-

(3.) The learned Additional Government Pleader submitted that the respondents failed to submit the application for reference after passing the award and as such, the Land Acquisition Officer was justified in not referring the matter to the Civil Court. Analysis:-