SINGARENI COLLIERIES COMPANY LTD Vs. SPL. DY. COLLECTOR

JUDGEMENT

(1.) THE lands of respondents 2 and 3 herein situated in different survey numbers of Adrial Village, Manthani Mandal, Karimnagar District were acquired for the benefit of the petitioner, by initiating the proceedings under the Land Acquisition Act (for short 'the Act'). Award was passed on 03 -08 -1987, fixing the market value at Rs.16,000/ -, 7000/ - and Rs.6,000/ -, per acre for the lands under categories 1, 2 and 3 respectively. Vast extents of lands belonging to others were also acquired under the same notification. Some of the owners sought reference under Section 18 of the Act.

(2.) ON reference being made, the matter was taken up as, O.P.No.78 of 1988 by the Court of Senior Civil Judge, Peddapalli. The Civil Court enhanced the compensation through its order dated 30 -10 -1989. Respondents 2 and 3 filed applications before the Land Acquisition Officer, i.e. the 1st respondent, under Section 28 -A of the Act. The same was rejected by the 1st respondent through order dated 18 -11 -1992. Aggrieved by that, the respondents 2 and 3 made a request to the 1st respondent to refer the matter to the Civil Court under Section 28A(3) of the Act. When the request was not acceded to, the respondents 2 and 3 filed W.P.No.4918 of 1993. The writ petition was disposed of on 08 -11 -1993, directing the 1st respondent to take necessary steps. After voluminous correspondence ensued, the 1st respondent passed orders dated 06 -12 -2000, referring the matter to the Civil Court under Section 28 -A(3) of the Act. The said order is challenged in this writ petition.

(3.) THE petitioner feels aggrieved by the reference of the matter to the Civil Court by the 1st respondent, in relation to the claim made by the respondents 2 and 3. The principal contention urged before this Court is that the respondents 2 and 3 did not take any steps to pursue the remedies under Section 18 of the Act and that once their claim is rejected under Section 28 -A of the Act, they cannot seek reference to the Civil Court, once again.