THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.13748 of 2025

ORDER:

The writ petition is filed to declare the action of the respondents in not referring the application of the petitioner dated 19.09.2010 filed under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) as arbitrary. Petitioner also sought a consequential direction to refer the matter to the civil Court for determination of compensation for the 195 Battai Trees and 3 Coconut Trees in Sy.No.126/2 and 3 Guava Trees and 5 Pomegranate Trees in Sy.No.127/2 situated at Garlapad Village, Dharur Mandal, Jogulamba Gadwal District for the purpose of formation of 4L-D2 Left Main Canal of Garlapad vide Award No.19/2010 dated 20.08.2010 in File No.A2/623/2006 passed by the respondent No.3.

2. The property of the petitioner was acquired and the petitioner were paid compensation at Rs.1545/-

per tree of Battai Tree, Rs.1272/- for Coconut Tree, Rs.102/- for Guava and Rs.211/- for Pomegranate vide Award No.19/2010 dated 20.08.2010 in File No.A2/623/2006. The petitioner received the compensation under protest and filed an application under Section 18 of the Act claiming ten times more than the Land Acquisition Officer paid per tree and requesting the respondent No.3 to refer the matter to the civil Court.

3. The grievance of the petitioner is that the respondent No.3 has not referred the matter to the Civil Court under Section 18 of the Act.

4. Learned Assistant Government Pleader for Land Acquistion submitted that appropriate orders be passed.

5. As seen from the record, the application submitted by the petitioner under Section 18 of the Act was received in the office of the respondent No.3 on

19.09.2010, which is filed within the prescribed time under the Act.

6. Hence, the writ petition is disposed of. The respondent No.3 is directed to refer the application of the petitioner filed under Section 18 of the Act in respect of the 195 Battai Trees and 3 Coconut Trees in Sy.No.126/2 and 3 Guava Trees and 5 Pomegranate Trees in Sy.No.127/2 situated at Garlapad Village, Dharur Mandal, Jogulamba Gadwal District, vide Award No.19/2010 dated 20.08.2010 in File No.A2/623/2006 to the concerned Civil Court within a period of eight (08)

weeks from the date of receipt of a copy of this order. 7. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_____________________ JUSTICE K.SARATH Date: 30.04.2025 spk