SIMACHALA @ SIMACHALA BISOYI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed challenging the inaction of the Special Land Acquisition Officer, Ganjam, Chatrapur in not making reference of his application under Section 18 of the Land Acquisition Act, 1894 (in short, "the LA Act") to the Civil Court for grant of higher compensation.

(2.) GRIEVANCE of the Petitioner is that his land had been acquired under the provisions of LA Act and award was made under Section 11 of the said Act. There was some dispute regarding title apportionment etc. among the brothers, therefore, Petitioner filed two applications before the Special Land Acquisition Officer - opposite party, one to make reference under Section 18 and another under Section 30 of the Act. The Special Land Acquisition Officer for the reasons best known to him had made a reference of the application under Section 30 without passing any order on the application for reference under Section 18. The application under Section 30 has been adjudicated upon and disposed of by the Civil Court and it has been decided in favour of the Petitioner. However, another application for making reference under Section 18, is still pending. Hence this petition.

(3.) ON the contrary, Mr. Sanjit Swain, learned Additional Government Advocate submitted that this Court may direct the Special Land Acquisition Officer to consider the application for making a reference under Section 18 as the said authority has to apply its mind as to whether the application had been filed within the period of limitation and as to whether the award has been accepted without protest.