SURISETTI LAKSHMI Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The 1st petitioner is the sister of late Sesetti Appa Rao and petitioners

(2.) And 3 are the sons of Appa Rao.- It is stated that the mother of the 1st petitioner and Appa Rao purchased an extent of Acs.2.25 cents of land in R.S.No.914 of Peddapuram Town, East Godavari District, way back in the year 1953, and executed a Will, dated 09.09.1978, in respect of Ac.1.25 cents in favour of the 1st petitioner. It is also stated that remaining Ac.1.00 of land was given to the 1st petitioner at the time of her marriage. 2. The entire extent of Acs.2.25 cents was acquired by the Government by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act'), on 30.09.1994, for the establishment of an Industrial Area.- Enquiry under Section 5-A of the Act was dispensed with and declaration under Section 6 of the Act was published on 06.10.1994.

(3.) The respondents did not file any counter-affidavit.- However, the entire record is produced and extensive submissions are made by the respondents. Sri G.Vidya Sagar, learned counsel for the petitioners, submits that the starting point for computing the limitation for the purpose of making application under Section 18 of the Act is the date of service of notice under Section 12(2) of the Act, and in the instant case, no notice whatever, was served on the petitioners.- He contends that the owner of acquired land cannot seek any reference, unless the compensation is received, that too, under protest.- He submits that after a long drawn legal battle, the petitioners received the compensation only on 09.03.2005 and the application seeking reference was filed within the stipulated time. -According to the learned counsel, there is no justification for the respondents in refusing to refer the matter under Section 18 of the Act to civil Court.- He places reliance upon the judgment rendered by a Full Bench of this Court in Special Deputy Collector, Singareni Collieries Co., Ltd., Godavarikhani v.- Dasari Ramulu, 2000 2 ALD 418 (FB).