YELUGUBANTI GANIRAJU Vs. STATE

JUDGEMENT

(1.) In this case, the petitioner seeks a writ of Mandamus, directing the respondents to refer his case fordetermination of the market value to the Court under Section 18 of the Land Acquisition Act for enhancement of compensation in respect of petitioner's land measuring Ac. 1.94 Cents in Survey No: 106 of Veerampalem village, Rangampet Mandal, East Godavari District.

(2.) The learned counsel for the petitioner states that the respondents took possession of the petitioner'sl and without serving the statutory notice and with out following the due procedure as laid down under the Land Acquisition Act The petitioner issued a notice to the third respondent in this regard and on his enquiry on l-3-1988 the petitioner came to know from the office of the third respondent that an award bearing No: 7 of 1987, dated 17-2-1987 for Rs.21,800/-waspassed by the third respondent and an amount of Rs.22,638.40 ps. has been paid to the petitioner through a cheque bearing No:Bv/15-595307,dated6-9-1988 and the same was received by the petitioner under protest Thereupon, the petitioner filed an application on 3-3-1988 under Section 18 of the Land Acquisition Act before the third respondent requesting him to refer the matter to the Civil Court for enhancement of compensation as he had claimed Rs.2 1akhs per acre inclusive of the value of palmirah trees. It is stated that the petitioner approached the respondents several times but the respondents have not taken any action to make areference under Section 18 of the Land Acquisition Act for enhancement of compensation to the Court.

(3.) In the counter affidavit filed by the respondents it is admitted that the petitioner's land has been acquired by following the procedure under the Land Acquisition Act Section 4(1) Notification has been issued on 17-2-1986 followed by draft declaration on 30-7-1986. Enquiryunder Section 5(A)of the Act was conducted on2-4-1986 and the award No: 7/87 dated 17-2-1987 has been passed by the third respondent The amount awarded is Rs.21,979/-and the notice under Section 12(2) was served on the petitioner on 19-2-1987 as per the rules. The petitioner has filed apetition requesting to refer his case to the Civil Court under Section 18 of the Land Acquisition Act for enhancement of compensation on 3-3-1988. It is contended that the petitioner failed to file his petition to refer his case to the Civil Court within the stipulated time as per the provisions of Section 12(2)of the Land Acquisition Act, and that the petition was time barred as it was filed beyond the period of two months from the date of service of notice of passing of the award on the petitioner. The petitioner was also informed in the third respondent's endorsement No: A-663/88, dated 30-l 1-1988.