THE HON’BLE SRI JUSTICE NOUSHAD ALI WPMP.No.8900 of 2011 IN/AND WRIT PETITION No.12803 of 2007 Date: 18.03.2011 Between: P. Jayaramaiah and others. … Petitioners and The Special Deputy Collector, Unit IV, Somasila Project, Rajampeta, Kadapa District. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WPMP.No.8900 of 2011 IN/AND WRIT PETITION No.12803 of 2007 ORDER : Heard Sri Bussa Rajendra, learned counsel appearing for the petitioners as well as the learned Government Pleader for Land Acquisition appearing for the respondent. 2. This writ petition has been filed to declare the action of the respondent in not referring the applications filed by the petitioners to the civil Court for adjudication under Section 18 of the Land Acquisition Act, 1894 (for brevity “the Act”), as arbitrary and illegal. 3. The lands along with the structures belonging to the petitioners were acquired for the purpose of Somasila Project in pursuance of the draft Notification dated 14.3.1995 issued under Section 4(1) of the Act. Subsequently, Award No.42 of 1999-2000 was passed on 4.8.1999 and a notice dated 9.9.1999 under Section 12(2) of the Act was served on the petitioners on 22.9.1999. As the petitioners were not satisfied with the quantum, the 1st petitioner submitted an application on 23.10.1999 seeking reference to the civil Court for adjudication under Section 18 of the Act. Petitioner Nos.2 to 19, 21, 28 to 32, 35, 36 and 39 made similar applications on 21.12.2000 and petitioner Nos.22, 34 and 38 made applications on 15.5.2000. As the respondent did not take any steps pursuant to the said applications, the petitioners have filed this writ petition for the aforesaid relief. 4. Section 18 of the Act provides that any person interested, who has not accepted the award may, by written application, require that the matter be referred for determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or apportionment of the compensation among the persons interested. 5. Sub-section (2) thereof provides that such application shall not only state the grounds on which the objections to the award is taken, but such application shall also be made within six weeks from the date of the award, if the person making it was present or represented before the Collector at the time when he made his award; and in other cases within two months from the date of service of notice under Section 12(2) of the Act. 6. It is no doubt true that under the above provision, the respondent is under a statutory obligation to refer the matter to the civil Court, provided the petitioners had made applications within the limitation provided therein. Admittedly, all the petitioners received the notices under Section 12(2) of the Act on 22.9.1999. Therefore, the applications for reference under Section 18 of the Act ought to have been made within two months from the said date. 7. It is an admitted case of the petitioners that except the 1st petitioner, the other petitioners made applications on 21.12.2000 and 15.5.2000, which is beyond the period of limitation provided under the Act. So far as the 1st petitioner is concerned, he is said to have filed the application on 23.10.1999, both in person as well as by registered post with acknowledgement due. The respondent received the said application, which was presented in person, on 23.10.1999, whereas the application sent by registered post acknowledgement due was received on 1.11.1999. To substantiate the same, the 1st petitioner has filed before this Court copies of the representation, postal receipt and acknowledgement as additional material papers along with an application in WPMP.No.8900 of 2011 in W.P.No.12803 of 2007. The said petition is ordered and the additional material papers are taken on file. 8. Though the learned Government Pleader disputed the said fact, from the material placed before this Court, it is evident that the 1st petitioner had made such application, which is within the time, and the same has been received by the respondent. Therefore, the respondent is under an obligation to refer the said application of the 1st petitioner to the civil Court for adjudication under Section 18 of the Act. 9. For the aforesaid reasons, the writ petition insofar as it relates to the 1st petitioner is allowed directing the respondent to refer the claim of the 1st petitioner to the civil Court for adjudication under Section 18 of the Act. Insofar as the other petitioners are concerned, no relief can be granted and the writ petition is accordingly dismissed. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 18.03.2011. NOTE:- Issue C.C. in one week. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WPMP.No.8900 of 2011 IN/AND WRIT PETITION No.12803 of 2007 18.03.2011 (Msr)