PANCHALIYAMMAL Vs. DISTRICT COLLECTOR VELLORE VELLORE DISTRICT

JUDGEMENT

(1.) THE petitioners have sought for a mandamus, directing the respondents to make a reference under Section 18 of the Land Acquisition Act to Sub Court, Ranipet in respect of lands, measuring 0.96 Cents in S.No.88/2A, Narasingapuram, as determined by the learned Subordinate Judge, Ranipet in LA.O.P.No.18 of 1991 for determination of compensation amount.

(2.) SHORT facts leading to the Writ Petition are as follows:The first petitioner's husband owned lands measuring 0.96 Cents in S.No.88/2A in Narasingapuram Village. The said lands were acquired by the Government for the benefit of BHEL and the District Collector, Vellore, first respondent herein passed an Award No.14 of 1983, dated 14.10.1983. Since there was a dispute with regard to the ownership among 25 persons, who claimed independent right in 10 acres 36 cents of lands, the Special Tahsildar, (Land Acquisition), BHEL, referred the matter under Section 30 of the Land Acquisition Act (hereinafter referred to as "the Act") to Sub-Court, Ranipet. However, no reference was made under Section 18 of the Act to the Sub-Court, Ranipet. Reference made under Section 30 of the Land Acquisition Act was numbered as L.A.O.P.No.18 of 1991, in the sub-Court, Ranipet, in which, first petitioner's husband was the first claimant. Learned Sub-ordinate Judge, Ranipet, found that first petitioner's husband was entitled to 0.96 cents of land in Survey Number.

(3.) HEARD the learned counsel for the parties and perused the materials available on record.