GANGAVARAPU VENKATA NARASA REDDY Vs. LAND ACQUISITION OFFICER SPECIAL DEPUTY COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) The petitioner is an agriculturist whose land to an extent of Ac. 3-46 center situate in Survey No. 289 of Nernur village, Chejerla Mandal, Nellore district along with trees and well was acquired by the Government in the year 1986 for the purpose. of executing the work relating to Kandleru reservoir. The award was supposedly passed on 30-7-1987 awarding a compensation of Rs. 1,65,754.00. As the petitioner was dissatisfied with the award, he filed an application on 12-11-1987 through his advocate seeking for reference to the Civil Court under S. 18 of the Land Acquisition Act. As there was no response, the petitioner caused another legal notice to be sent on 27-7-1991 to the Special Deputy Collector (Land Acquisition) Telugu Ganga Project. Even for this there was no response. The petitioner states that he was orally informed in the office of the respondent that the application was filed by him beyond the prescribed period of thirty days and hence the reference was time barred. Thereafter the petitioner filed this writ petition seeking for a direction to the respondent to refer the matter to the Civil Court for determination of correct market value in respect of the aforesaid land.

(2.) In the counter filed by the respondent it is stated that the petitioner participated in the award enquiry (held on 19-3-1987) and after pronouncing the award on 30-7-1987, the notice of award under S. 12(2) of the Land Acquisition Act was served on him on the same day, viz., 30-7-1987. It is also stated that he received the cheque on that day itself. Reference is made to the entry in cash book (not produced before this Court) to substantiate that the cheque was delivered to the petitioner on 30-7-1987 itself. The allegation that the petitioner was given notice of passing of award and the cheque after revalidation of the same on 11-11-1987 is denied in the counter.

(3.) The respondent, therefore, submits that the application presented on 12-11-1987 was time barred and the reference under S. 18 of the land Acquisition Act cannot be made for that reason. Thus the dispute is with regard to date of service of the notice under S. 12(2) of the Act and the date of receipt of cheque for the compensation amount awarded to the petitioner.