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1997 Supreme(Mad) 186

High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. K.A. SWAMI & THE HONOURABLE MR. JUSTICE KANAKARAJ
The Special Tahsildar, Land Acquisition, Krishna Water Supply Project Unit IV, Trivellor, Chengalput, M.G.R. District
Versus
Sani Pillai and others
W.A.Nos.835 to 853 of 1996 and C.M.P. Nos. 12443, 12445, 12447, 12449 etc of 1996
Decided On : 10-02-1997

Advocates:
K.P.Sivasubramaniam, Government Pleader, assisted by R.Nagarajan, Government Advocate, for Appellant. G.Jermiah, for Respondents.

Parties must seek reference within six weeks from date of service of notice.

Headnote:Land Acquisition Act, 1894-Sections 12(2) and 18, Tamil Nadu Land Acquisition Rules-Rule 7-Award passed by Land Acquisition Officer-Parties served notice-Parties may seek reference within 6 weeks from date of service of notice-Held, no fresh cause of action or fresh point of limitation for seeking reference can be furnished by supply of copies of award.

Judgment :-

K.A. Swami, C.J.

These appeals are filed against the common judgment dated 2. 1996 rendered by the learned single Judge on Writ Petition Nos.9167 to 9175 and 9260 to 9277 of 1995.

2. The petitioners sought for issue of a writ in the nature of mandamus to the Special Tahsildar, Land Acquisition, Krishna Water Wupply Project Unit IV, Tiruvallor, Chingleput M.G.R. District to furnish a certified copy of the award dated 30th November, 1987. The learned single Judge has allowed the writ petition in the following terms:

"7. However, in this case, we are not at this stage concerned with regard to the entitlement of the petitioners to make a reference under Sec. 10 of the Act. We are concerned only with regard to the limited prayer of the petitioners to furnish a copy of the award to each of them, which according to the petitioners, they are entitled to. Rule 7 of the Tamil Nadu Rules framed under Sec.55(l) of the Act states that the award shall be in the prescribed form. The Collector need not fill up this form in his own hand. He shall sign it. A copy of the order shall be furnished free of charge to the person interested. In this case, the learned Government Advocate on verification of the records, states that a copy of the award has not been furnished to any of the petitioners, since they received Sec.12(2) notice and also received the compensation amount without any protest. This contention, in my opinion, cannot be accepted. We are not in this case concerned whether the petitioners are entitled to-make a reference under Sec.18 of the Act and whether that application has been filed in time or not. As already pointed out, we are concerned only with regard to the functioning of a copy of the award to the petitioners, which they are entitled to be furnished free of charge as per Rule 7 of the Tamil Nadu Rules. 8. For the foregoing reasons, all the writ petitions are ordered and the respondent is directed to furnish a copy of the award dated 30.11.1987 to all the petitioners free of cost as prayed for by them. No costs."

3. We may at the outset point out that any party to statutory proceeding would be entitled to a certified copy of the proceedings and more so of the award passed by the Land Acquisition Officer. If such a copy is tried to be obtained for the purpose of seeking a reference under Sec.18 of the Land Acquisition Act, certain other aspects are required to be made clear.

4. With reference to the facts of the present case, we would like to clarify those facts. In these cases, the award was passed in respect of the lands acquired and belonging to the petitioners on 30th November, 1987, in the presence of the petitioners. Not only that, a notice dated 12. 1987 under Sec.12(2).of the Land Acquisition Act (hereinafter referred to as ‘the Act’) was also served upon the petitioners. Pursuant to that, they received tire compensation as awarded under the award on 112. 1987 and 112. 1987. They did not seek any reference to a civil court under Sec.18 of the- Act. Thus, the compensation awarded by the Land Acquisition Officer has become conclusive. It is in this background, the relief sought for issue of a writ in the nature of mandamus directing the respondent to furnish a certified copy of the award has to be considered. The petitioners had made the applications for a certified copy of the award on 10. 1994. As the copy was not furnished, they have approached this Court.

5. When once a notice under Sec.12(2) of the Act is served, the party aggrieved is required to seek reference within six weeks from the date of service of such notice as contemplated under clause (b) of Sub- sec.(2) of Sec.18 of the Act. We have already pointed out that this is a case in which a notice under Sec.l2(2) of the Act was served on the petitioners. Therefore, the petitioners were required to seek a reference under Sec.18 of the Act within six weeks from the date of service of the notice under Sec.12(2) of the Act which they had not availed



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