Siddiram v. Special Deputy Collector (L. A. ), Singoor Project, Sangareddy, Medak District
2003-03-24
V.V.S.RAO
body2003
DigiLaw.ai
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 28-A 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 28-A 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 28-A (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.