SARA Vs. STATE

JUDGEMENT

(1.) BY way of this writ petition, petitioner has asked for a writ of mandamus, directing the respondent No. 2 to make a reference to the civil court regarding fixation of compensation as the petitioner disputes the rate of compensation to have been fixed by respondent No. 2 by virtue of his award dated 12 -12 -1981 and a writ of certiorari for quashing the order, where under respondent No. 2 has rejected the application of the petitioner for making such reference under Section 18 of the Land Acquisition Act.

(2.) IN brief, the moot point which is called for determination in this petition is whether Collector is empowered to reject an application for reference to a civil court under section 18 of the Land Acquisition Act in proceedings under Land Acquisition Act?

(3.) THE facts in brief which have given rise to the present petition are that land measuring 49 kanals and 12 marlas were at one stage offered by the petitioner on private negotiation to be taken by the Border Security Forces for construction of their residential quarters and in the meantime, when the matter was being processed, it was desired by the Government that as because the intending Department is a non -State Subject, so after doing needful, they had proposed that instead of having the land on private negotiations, the land should be acquired under the relevant provisions of Land Acquisition Act after issuing notifications as envisaged under Section 4 of the Land Acquisition Act, inviting objections regarding proposed acquisition and also to issue notification under Sections 6 and 7 and then to prepare an award under Section 25 of the Land Acquisition Act. This process seems to have been undertaken by the Collector under the Land Acquisition Act and it was after the whole process was undertaken that on 16 -12 -1981 petitioner received the compensation under protest. The final award seems to have been passed by the Collector (Sub -Divisional Magistrate, Sopore) on 12 -12 -1981 and at the time of pronouncement of the award, the petitioner has moved an application on 16 -12 -1981, stating acquired and the compensation being paid to her is very paultry, as such, she is accepting the same under protest and as such, her case be referred to the civil court, meaning their by that the compensation is being received by her under protest and let her case be referred to a civil court for reference under Section 18 of the Land Acquisition Act.