THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.13315 of 2007 (Dated : 10-08-2010) Between: Venkateswaram Maruthi Sreenivasu S/o Sri Sai China Venkata Subba Rao ….Petitioner A n d The Land Acquisition Officer and Special Grade Deputy Collector (LA), Telugu Ganga Project Unit-I, Kadapa. …Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.13315 of 2007 ORDER: This writ petition has been filed by one Venkateswaram Maruthi Sreenivasu seeking a mandamus declaring the action of the Land Acquisition Officer and Special Grade Deputy Collector (LA), Telugu Ganga Project, Unit-I, Kadapa in not referring the matter to the Civil Court under Section 18 of the Land Acquisition Act despite of his request, by way of notice dated 2.3.2007, as illegal and arbitrary. 2. The petitioner is the owner and possessor of Ac.3.13 cents comprising Survey Nos.2033/2, 2039/2, 2040/1 and 2032/2 admeasuring Ac.3.13 cents. The land came to be acquired for the purpose of digging canal for Reach No.3 of Telugu Ganga Project. An award came to be passed under Section 11 of the Land Acquisition Act, 1894 (for brevity, “the Act”). Notice under Section 12(2) of the Act dated 18.01.2007 came to be served on the petitioner and the petitioner received a cheque for Rs.16,66,351/- on 23.01.2007. On 02.03.2007, he submitted an application to the respondent under Section 18 of the Act to refer the matter to the Civil Court for determination of the compensation. There being no action on his representation, he approached this Court invoking jurisdiction under Article 226 of the Constitution. 3. Rule nisi came to be issued on 26.06.2007. The respondent placed on record the entire file relating to Award dated 30.12.2006 passed in Ref.No.E/80/06. 4. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader (Land Acquisition) appearing for the respondent. 5. Learned counsel appearing for the petitioner submits that the petitioner never gave his consent in Form No.IV with regard to the quantum of compensation fixed by the Land Acquisition Officer and whereas, it is contended by the learned Assistant Government Pleader for Land Acquisition that consent has been secured by all the land owners and after due deliberations, compensation has been fixed for which the land owners executed affidavits in Form No.IV and thereafter, consent award came to be passed in which case, it is impermissible for the petitioner to claim reference of the matter to the Civil Court under Section 18 of the Act for determination of the compensation. 6. Learned Assistant Government Pleader (Land Acquisition) referred relevant portion of the award dated 30.12.2006, which reads as hereunder:- “ Publication of notices U/s 9(1) & 10 and service of 9(3) & 10 of L.A Act: The notices mentioned U/s 9(1) & 10 of the LA Act were published in the locality and respective places calling claims and objections over the lands proposed for acquisition giving 15 days of time and no claims and objections were received in the time stipulated for which it is construed that there are no objections against lands and title. The notices mentioned U/s 9(3) & 10 of the LA Act were served on the Awardees with instructions to produce the recorded evidence showing their right over the ands proposed for acquisition before the undersigned during the office hours and accordingly, they have produced the recorded evidence as instructed and the records produced have been examined and after due enquiry and verification are over, the title is confirmed in favour of awardees. Consent Award: All the awardees have given their consent duly binding over in Form No.4 affixing Rs.10/- over non judicial stamped papers stating that they have agreed to receive the compensation as fixed by the District Level Empowered Committee and LAO as per Consent award and that they have agreed not to go legal process U/s 18(2) of the LA Act for enhancement of compensation. Hence, I agree to pass consent award. Basing on the above formalities and rules applicable, I hereby award the compensation to the awardees fallen in the instant case observing each and everything regarding title of the land etc., while conducting up of award enquiry, as indicated hereunder. FUNDS: In accordance with the LA Act, 1984, Additional Market Value at the rate of 12% per annum on the M.V due fro m the date of publication of DN U/s 4(1) of this village i.e, 24.08.2006 to the date of passing i.e., 30.12.2006 which works out to 126 days has been calculated. Solatitum at 30% of the cost of the land. I therefore awarded at Rs.25,54,530/- (Rupees twenty five lakh forty four thousand three hundred and fifty only) to the awardees towards payment of compensation.” 7. In view of the above-referred statement in the Award, I directed the respondent to place on record Form No.IV signed by the petitioner for perusal. Accordingly, the Special Grade Deputy Collector (Land Acquisition) produced the entire record. 8. I have gone through the record minutely, but I did not find Form No.IV signed by the petitioner. Even an opportunity has been given to the respondent to locate Form No.IV signed by the petitioner. The respondent is also not in a position to locate Form No.IV signed by the petitioner. 9. It is contended by the learned Assistant Government Pleader (Land Acquisition) that Form No.IV obtained from the petitioner is misplaced. 10. Sufficient opportunity has been given to the respondent to place on record the consent given by the writ petitioner in Form No.IV. Despite granting sufficient time, the respondent is not in a position to place on record the consent of the petitioner obtained in Form No.IV in which case, the reasonable conclusion is that the petitioner has not given any consent. The petitioner, soon after receiving compensation amount, made a representation to the respondent to refer the matter to Civil Court under Section 18 of the Act for determination of the compensation. 11. Under Section 18 of the Land Acquisition Act, 1894, any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for determination of the Court, whether his objection be to the measurement of the land, the amount of compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. Under sub-clause 2(b) of Section 18, the application shall be presented within six weeks of the receipt of the notice from the Collector under Section 12, sub-section (2), or within six months from the date of the Collector’s award, whichever period shall first expire. 12. In the instant case, the petitioner received the compensation on 23.1.2007 and he submitted representation to the respondent on 02.3.2007. Therefore, the representation filed by the petitioner making a request to the respondent to refer the matter to Civil Court is well within the time stipulated under the Act, i.e., within six weeks. 13. Accordingly, the Writ Petition is allowed directing the respondent-Land Acquisition Officer and Special Grade Deputy Collector (LA), Telugu Ganga Project, Unit-I, Kadapa to refer the matter to the Civil Court for determination of the compensation, as provided under Section 18 of the Act. There shall be no order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt. 10-08-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.13315 of 2007 (Dated : 10-08-2010)