PUTTA LAKSHMAIAH Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Appellants in all these appeals are the claimants in O.P. Nos.28 to 33 of 1995 on the file of the Court of the Subordinate Judge, Kandukur. Since a common question of law is raised, all these appeals are disposed of by this common order.

(2.) Certain extents of lands of these appellants were acquired by the Government for providing house-sites to the members of the weaker sections of the society. Though certain amount of compensation was offered to these appellants by the Land Acquisition Officer the appellants-claimants received the same under protest and sought reference of the matter under Section 18 of the Land Acquisition Act (for short "the Act") to the Civil Court seeking enhancement of the compensation. Thus, the claim of the appellants-claimants for enhancement of compensation was referred to the Civil Court - Court of the Subordinate Judge, Kandukur in O.P. Nos.28 to 33 of 1995.

(3.) When these O.Ps. fell for consideration before the Civil Court below, the Assistant Government Pleader appearing on behalf of the Land Acquisition Officer took a preliminary objection on the question of maintainability of the reference before the Civil Court on the ground that it was belated and not within the prescribed time as provided under Section 18(2) of the Act. It was further submitted by the Assistant Government Pleader before the Civil Court that all these appellants were represented by the Counsel at the time of the award enquiry which concluded on 17-9-1984 and the award was passed on 23-9-1984. If at all the appellants were aggrieved by the award made by the Land Acquisition Officer, they should have sought reference to the Civil Court within a period of six weeks from the date of the award which concluded on 23-9-1984. Agreeing with the submissions made by the Assistant Government Pleader on behalf of the Land Acquisition Officer, the Civil Court dismissed all the O.Ps. filed by the appellants-claimants by an order dated 29-4-1993 holding that the reference is made beyond the time stipulated under subsection (2) of Section 18 of the Act. It is this order of the Civil Court dated 29-4-1993 made in O.P. Nos.28 to 33 of 1995 which is assailed in these appeals before us on various grounds.