Siddiram and ors. Vs. Special Deputy Collector (L.A.), Singoor Project

Siddiram and ors. vs Special Deputy Collector (L.A.), Singoor Project

Disposition Petition allowed Court Andhra Pradesh Decided Mar 24, 2003

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Citation: sooperkanoon.com/438154
Court: Andhra Pradesh High Court
Judge: V.V.S. Rao, J.
Decided On: Mar 24, 2003
Case Number: WP No. 22525 of 1998
Subject: Property
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Property - compensation - Section 18 and Proviso to Section 28 of Land Acquisition Act, 1894 - person whose land is acquired and who did not make application under Section 18 seeking reference to Civil Court may approach Land Acquisition Officer (LAO) for payment of compensation as enhanced by Civil Court even at in...

Key legal issue: Property
Outcome / disposition: Petition allowed
Acts & sections: Land Acquisition Act, 1894 - Sections 18(1) and 28A

Parties & Advocates

Appellant / Petitioner

Siddiram and ors.

Advocate K. Raji Reddy, Adv.

Respondent

Special Deputy Collector (L.A.), Singoor Project

Advocate Assistant Government Pleader for Land Acquisition

Legal References

Acts: Land Acquisition Act, 1894 - Sections 18(1) and 28A
Reported In: 2003(4)ALD870; 2003(4)ALT243

Excerpt

property - compensation - section 18 and proviso to section 28 of land acquisition act, 1894 - person whose land is acquired and who did not make application under section 18 seeking reference to civil court may approach land acquisition officer (lao) for payment of compensation as enhanced by civil court even at instance of other claimants - applications to be made to lao within three months of court's award - period of three months to be reckoned by excluding time taken in obtaining certified copy of civil court's award. - orderv.v.s. rao, j.1. heard the learned counsel for the petitioners and ms. nanda, the learned assistant government pleader for land acquisition.2. there cannot be any dispute that a person whose land is acquired and who did not make an application under section 18 of the act seeking reference to civil court may approach the land acquisition officer for payment of compensation as enhanced by the civil court at the instance of other claimants. such applications are to be made within three months from the date of the award of the court. proviso to sub-section (1) of section 28a of the act is categorical and leaves no doubt that the period of three months within which an application to the land acquisition officer/collector is to be made shall be reckoned by excluding the time taken for obtaining the certified copy of the award of the civil court. the respondent obviously lost site of the proviso to sub-section (1) of section 28a of the act and mis-directed himself in rejecting the petitioners applications. therefore, the order dated 17-9-1997 cannot be sustained in law.3. in the result, the writ petition is allowed. the respondent is directed to take the applications made by the petitioners on 13-9-1993 and consider them in accordance with section 28a(1) of the act within a period of eight weeks from the date of receipt of this order.4. the writ petition is accordingly allowed with costs quantified at rs. 2000/- to be paid by the respondent personally to the petitioners.

Full Judgment

ORDER

V.V.S. Rao, J.

1. Heard the learned Counsel for the petitioners and Ms. Nanda, the learned Assistant Government Pleader for Land Acquisition.

2. There cannot be any dispute that a person whose land is acquired and who did not make an application under Section 18 of the Act seeking reference to Civil Court may approach the Land Acquisition Officer for payment of compensation as enhanced by the Civil Court at the instance of other claimants. Such applications are to be made within three months from the date of the award of the Court. Proviso to Sub-section (1) of Section 28A of the Act is categorical and leaves no doubt that the period of three months within which an application to the Land Acquisition Officer/Collector is to be made shall be reckoned by excluding the time taken for obtaining the certified copy of the award of the Civil Court. The respondent obviously lost site of the proviso to Sub-section (1) of Section 28A of the Act and mis-directed himself in rejecting the petitioners applications. Therefore, the order dated 17-9-1997 cannot be sustained in law.

3. In the result, the writ petition is allowed. The respondent is directed to take the applications made by the petitioners on 13-9-1993 and consider them in accordance with Section 28A(1) of the Act within a period of eight weeks from the date of receipt of this order.

4. The writ petition is accordingly allowed with costs quantified at Rs. 2000/- to be paid by the respondent personally to the petitioners.

Same Court & Year Andhra Pradesh · 2003 Same Parties Siddiram and ors. vs Special Deputy Collector (L.A.), Singoor... Same Subject Property Same Judge V.V.S. Rao, J. Acts & Sections Land Acquisition Act, 1894 - Sections 18(1) and 28A

Property