A EKAMBARA NAICKER Vs. LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER SUB COLLECTORS OFFICE MADANAPALLE CHITTOOR DISTRICT

JUDGEMENT

(1.) An extent of Acs.58.63 of land covered by S.No.511/2 of Palamaneru village was acquired in 1988 for the purpose of establishing industrial estate by A.P.Industrial and Infrastructure Corporation Limited. An Award was passed being Award No.1 of 1988 on 26.8.1988. The first respondent issued notice of Award as required under sub-section (2) of Section 12 of the Land Acquisition Act, 1894 (for short, the Act) to all the landowners on 26.8.1988. The petitioner, whose land admeasuring Ac.1.18 was acquired, was also issued such notice informing that compensation awarded by the first respondent will be paid to the land owners on 17.9.1988 at 11.00 a.m. in the office of the Sub-Collector, Madanapalle, the first respondent herein. The petitioner also appeared before the first respondent and was paid an amount of Rs.65,457.05 ps. being compensation for Acs.1.18 covered by S.No.536 belonging to him.

(2.) The petitioner and thirty others filed a writ petition being W.P.No.4570 of 1994 before this Court alleging that they received compensation under protest and requested the first respondent to make reference under Section 18(1) of the Act to the civil Court and that the petitioner and others made an application on 22.9.1988, and in spite of that reference is not made. They prayed for a direction to the Land Acquisition Officer to refer the matter to the Civil Court. This Court having regard to the concession made by the learned Government Pleader appearing for respondents disposed of the writ petition on 17.3.1994 in the following manner.

(3.) In the circumstances, within six weeks from today the first respondent shall dispose of the applications of the petitioners in respect of Award No.1/1988 - B/6728/85 for reference under Section 18 of the Act and make reference if the petitioners herein sought reference under Section 18 of the Land Acquisition Act, 1894 in time and in compliance with the requirement of Section 18(2) of the Act and if they received the amount awarded under protest.