NAMANI SHANKAR Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) A Special Register shall be opened and maintained by all the Land Acquisition Officers and all pending and ensuing Sections 18 and 30 references shall be entered in it. (Proforma in such register shall be prepared and communicated by the CCLA).

(2.) Land Acquisition Officers shall pass orders on such applications for references under Sections 18 and 30 of the Act without delay and an entry about passing of such order and communication of reference to the Court with dispatch number and date shall be made in remarks column of the Special Register.

(3.) (A) A review concerning to the applications under Sections 18 and 30 of the Act shall be done every month by all LAND Acquisition Officers at their level to ensure that prompt action is taken on such pending applications and orders are passed. (b) LAND Acquisition Officers shall also review every month as to whether the references made are registered in the designated civil Courts or not. This shall be done by deputing concerned staff member to enquire with the AGP/GP of the Court concerned and to take necessary steps to see that the references made are registered with the Court. (c) The LAND Acquisition Officers shall also review pending references before the reference Courts at their level every month to see that no delay is caused in disposal of references in the Courts. They shall produce evidence without loss of time and see that cases pending before Courts are not delayed due to their inaction. (d) A report of such review furnishing information as to how many applications for references under Sections 18 and 30 of the Act and Court cases are disposed of and how many such cases at their level have to be attended. 4. A separate cell in respect of reference under Sections 18 and 30 of LAND Acquisition Act and progress/disposal of Court cases (LAOPs) shall be created in all the offices of the District Collectors to ensure that necessary action is taken by the LAND Acquisition Officers. 5. All District Collectors shall convene review meeting once in three months with LAND Acquisition Officers of the district to review the stage of the applications submitted under Sections 18 and 30 of the Act for reference to the Courts and Court cases (LAOPs) pending before the reference Courts to ensure prompt action by the LAND Acquisition Officers. 6. Minutes of such meeting shall be communicated to the LAND Acquisition Officers and GP/AGP concerned with necessary directions and to submit compliance report by the LAND Acquisition Officer and GP/ AGP concerned. 7. Any deviation of the above guidelines would amount to violation of Court orders and hence they are to be followed scrupulously and failure in this respect would attract disciplinary action. [Para 3] Counsel appeared : P.V. Narayana Rao, Counsel for the Petitioner in both the cases; AGP for LAND Acquisition, Counsel for the Respondent in both the cases. COMMON ORDER :-On 3.12.2011, this Court, on noticing the failure of the LAND Acquisition Officer in pursuing the references under Section 18 of the LAND Acquisition Act, 1894 in case of the petitioners in these writ petitions, passed a detailed order. The said order shall be read as part of this order. 2. While directing the respondent to initiate fresh steps to refer the dispute to the learned Senior Civil Judge, Mancherial, on the basis of the copies of applications of the petitioners even in the absence of original ones and ensure that such applications are sent to the Court of the Senior Civil Judge, Mancherial, before the next date of hearing, this Court directed the Chief Secretary to bestow his attention to various vital aspects leading to delayed references and improper pursuance of the references already made before the reference Courts and frame guidelines to the LAND Acquisition Officers to ensure that the instances of this nature will not be repeated in future.