SINGARENI COLLIERIES COMPANY LIMITED Vs. C RAGHAVENDER RAO

JUDGEMENT

(1.) THE petitioner initiated proceedings for acquisition of an extent of Ac. 838. 13 guntas of land in Adrial Village of Manthani Mandal for undertaking the coal mining activity. A notification under Section 4 (1) of the Land acquisition Act, 1894 (for short 'the Act')was published on 28. 6. 1985 and it was followed by a notification under Section 6 of the Act on 1. 8. 1985. An award was passed by the Land Acquisition Officer on 3. 8. 1987.

(2.) THE Land Acquisition Officer referred the matter under Section 30 of the Act to the civil Court in respect of an extent of Ac. 73. 35 guntas. He doubted the title of one Mr. J. Gopal rao, who figured as a claimant before him vis-a-vis the said land. The reference made by the Special Deputy Tahsildar, the second respondent herein under Section 30 of the act was taken up by the court of Senior Civil judge, Manthani as O. P. No. 9 of 1988. The first respondent herein figured as one of the contestants. I. A. No. 568 of 1988 was filed jointly by the first respondent herein, Mr. Gopal rao and another person agreeing to share the compensation in respect of almost equal extents. The first respondent was held entitled to get the compensation in respect of ac. 24. 35 guntas. The application was ordered on 22. 11. 1988. Inasmuch as the compensation was already deposited into the court, the first respondent filed I. A. No. 918 of 1988 with a prayer to permit him to take his portion of the compensation. The LA. was allowed on 19. 12. 1988 and the amount was received by the first respondent on 22. 12. 1988 under protest.

(3.) THE first respondent made an application on 21. 1. 1989 before the second respondent seeking reference under Section 18 of the act. It was only on 21. 1. 2000 that he made a further application before the second respondent. Ultimately, the matter was referred to the Civil Court under Section 18 of the Act and it was taken up as O. P. No. 42 of 2001.