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2014 Supreme(Mad) 4014

High Court of Judicature at Madras
M. JAICHANDREN & ARUNA JAGADEESAN, JJ.

The State of Tamil Nadu & Others
Versus
T. Dharmambal alias Dharmabai
W.A. No. 343 of 2011
Decided on: 10-11-2014

Advocates Appeared:
For the Appellants: R. Ravichandran, AGP.
For the Respondent:V. Balasubramanian, Advocate.

Headnote:

Land Acquisition Act, 1894 - Section 18(1) - Right to Information Act - Section 18 – Quash of order – Acquisition of land – Claim of compensation - This writ appeal has been filed against order of single Judge made - Appellants in present writ appeal were respondents in writ petition - Respondent in present writ appeal had filed writ petition praying for issuance of a writ of Mandamus to call for and quash proceedings of third respondent therein and to direct said respondent to refer award in Award in respect of land belonging to petitioner situated at village, District comprised measuring hectares under Section 18(1) of Land Acquisition Act, 1894 to Sub Court for enhancement of compensation – Held, It had also been stated that single Judge had failed to consider fact that respondent had been served with notice under Sections 9(3) and 10 of Act and that they had been returned as unnerved - Thereafter an award enquiry had been conducted and award in Award had been passed - After lapse of nine years respondent had made an application stating that he had knowledge of award - Counsel appearing on behalf of respondent had relied on following decisions reported in support of his contention that period of limitation for making of reference under Section 18 of Act is six months from date of knowledge of award - In view of submissions made by counsels appearing on behalf of parties concerned and on a perusal of records available and in view of decisions cited supra court find it appropriate to hold that period of limitation prescribed under Sections 18 and 18(2) of Act would be six months from date of the knowledge of award as held by Supreme Court in its decision reported - Writ appeal is dismissed

Judgment

M. Jaichandren, J.

1. Heard the learned counsels appearing for the parties concerned.

2. This writ appeal has been filed against the order of the learned single Judge, dated 18.8.2010, made in W.P.No.15583 of 2010.

3. The appellants in the present writ appeal were the respondents in the writ petition, in W.P.No.15583 of 2010. The respondent in the present writ appeal had filed the writ petition, in W.P.No.15583 of 2010, praying for the issuance of a writ of Certiorarified Mandamus to call for and quash the proceedings of the third respondent therein, dated 3.7.2009, and to direct the said respondent to refer the award, in Award No.2/2000, dated 15.3.2000, in respect of the land belonging to the petitioner, situated at Mathur village, Block 13, Sriperumpudur Taluk, Kancheepuram District, comprised in S.No.492/1A2, measuring 0.11.5 hectares, under Section 18(1) of the Land Acquisition Act, 1894, (hereinafter referred to as 'the Act'), to the Sub Court, Kancheepuram, for the enhancement of the compensation.

4. It has been stated that the land in question, said to be belonging to the respondent herein, had been acquired for industrial purpose and an award had been passed by the District Collector, Kancheepuram, the second appellant herein, by an Award No.2/2000, on 15.3.2000. The respondent herein, who had filed the writ petition, had claimed that he was not aware of the award, till he came to know about it on an application preferred by him, under the Right to Information Act, 2005, on 9.4.2009. Thereafter, he had made an application, on 8.6.2009, for a reference under Section 18 of the Act, for the payment of higher compensation. The request made by the respondent had been turned down by the third respondent, by the impugned order, dated 3.7.2009, on the ground that the said application for reference was made beyond the time prescribed under Section 18 of the Act.

5. The petitioner had filed the writ petition challenging the said order. The learned single Judge had held, by his order, dated 18.8.2010, that the application made by the petitioner for the reference, under Section 18 of the Act, was within the period of two months from 9.4.2009, which is the date when he had the knowledge of the award and therefore, it is well within the time prescribed, under Section 18(1) of the Act. Accordingly, the learned single Judge had set aside the impugned order of the third respondent, dated 3.7.2009, and had directed the third respondent to refer the award, in Award No.2/2000, dated 15.3.2000, relating to the land of the petitioner, for enhancement of the compensation liable to be paid to the petitioner.

6. The respondents in the writ petition have preferred the present writ appeal stating that no reference can be made under Section 18 of the Act, in respect of the award, in Award No.2/2000, dated 15.3.2000, beyond the period of six months, as prescribed under the said Section.

7. It had also been stated that the learned single Judge had failed to consider the fact that the respondent had been served with the notice, under Sections 9(3) and 10 of the Act and that they had been returned as unserved. Thereafter, an award enquiry had been conducted and the award, in Award No.2/2000, dated 15.3.2000, had been passed. After the lapse of nine years, the respondent had made an application, dated 23.3.2009, stating that he had knowledge of the award, only on 9.4.2009.

8. The learned Additional Government Pleader appearing on behalf of the appellants had relied on the following decisions in support of his contentions:

(i) MADAN Vs. STATE OF MAHARASHTRA (2014 AIR SCW 421).

(ii) POPAT BAHIRU GOVARDHANE ETC. Vs. SPECIAL LAND ACQUISITION OFFICER & ANOTHER

9. The learned counsel appearing on behalf of the respondent had relied on the following decisions, reported in PREMJI NATHU Vs. STATE OF GUJARAT (2012) 5 SCC 250) and BHAGWAN DAS & OTHERS Vs. STATE OF U.P. & OTHERS, in support of his contention that the period of limitation for mak



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