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2012 DIGILAW 583 (AP)

Kalvala Padma v. Government of A. P. , Rep. by its Principal Secretary, Revenue (Land Acquisition) Department, Secretariat

2012-07-06

L.NARASIMHA REDDY

body2012
Judgment :- The petitioners are owners of land in different survey numbers of Lingapoor Village, Ramagundam Mandal, Karimnagar District. Singareni Collieries Company Limited intended to bring about an Open Cast Mine in that area. An extent of 900 acres of land was acquired. The lands of the petitioners were also acquired in the notification dated 28-03-1989, published under Section 4(1) of the Land Acquisition Act. Urgency clause was invoked, and declaration under Section 6 of the Act was published, simultaneously. Award was passed on 27-03-1991, wherein the Special Deputy Collector-cum-Land Acquisition Officer, the 2nd respondent herein, fixed the market value of the landat Rs.12,200/-per acre. The petitioners state that, not satisfied with the award passed by the 2nd respondent, they submitted applications on 08-04-1991 and 12-04-1991, with a request to refer the matter to the Civil Court, under Section 18 of the Act. Their grievance is that the 2nd respondent has not taken any stepson their applications. The petitioners submit that the owners of some of the lands, acquired through the same notification, and covered by the same award, approached this Court by filing W.P.No.20818 of 1998, complaining that the 2nd respondent is not referring their claims to Civil Court, and that in compliance with the orders passed therein, the 2nd respondent has referred the matter to the Court of Senior Civil Judge, Peddapalli. The trial Court is said to have enhanced the compensation to Rs.40,000/-per acre, through its order dated 08-12-2003. It is further stated that the appeals preferred by the State, on the one hand, and owners of the land, on the other hand, before this Court, were dismissed, and in the Supreme Court, the appeal preferred by the owners of the land was partly allowed by further enhancing the compensation to Rs.65,000/-per acre. The petitioners submit that they are entitled for the same relief. No counter-affidavit is filed by the respondents. Heard the learned counsel for the petitioners and learned Government Pleader for Land Acquisition. It is a matter of record that the lands of the petitioners were acquired through notification dated 28-03-1989, issued under Section 4(1) of the Act, by the 1st respondent, for the benefit of the Singareni Collieries. Award was passed by the 2nd respondent on 27-03-1991, for a sum of Rs.12,200/-per acre. It is a matter of record that the lands of the petitioners were acquired through notification dated 28-03-1989, issued under Section 4(1) of the Act, by the 1st respondent, for the benefit of the Singareni Collieries. Award was passed by the 2nd respondent on 27-03-1991, for a sum of Rs.12,200/-per acre. The assertion of the petitioners that they made applications, under Section 18 of the Act on 08-04-1991 and 12-04-1991, is not rebutted. The only objection raised by the respondents is that the writ petition is barred by laches, since it is filed 20 years after the date of award. It is true that this Court does not entertain writ petitions, which are barred by laches. However, the writ petitions filed seeking enforcement of the rights under the Act, particularly for reference under Section 18, stand on a different footing. Support for this proposition can be drawn from the concept of re-determination of compensation under Section 28-A of the Act. In a given case, it may take more than a decade for the decree passed by a Civil Court in a reference made under Section 18 of the Act, at the instance of owners of the land acquired through the same notification; to become final. Still, remedy would be available to the person, who did not seek reference. When such is the facility provided for by the Parliament, the High Court would ill afford to be hyper-technical. Failure on the part of the Land Acquisition Officer, to refer the matter under Section 18 of the Act, if the application is otherwise in order; cannot be permitted to defeat the valuable rights of the persons, whose lands are acquired. This Court entertained W.P.No.20818 of 1998 filed by some of the persons, whose lands were also acquired through the same notification and the orders passed therein resulted in making reference. The petitioners stand on the same footing. This Court entertained W.P.No.20818 of 1998 filed by some of the persons, whose lands were also acquired through the same notification and the orders passed therein resulted in making reference. The petitioners stand on the same footing. Now, that the matter pertaining to the fixation of market value of the land and other benefits, acquired through the same notification; has assumed finality, the applications filed by the petitioners can be treated as those, under Section 28-A of the Act, and thereby, obviating the necessity of another trial in the O.P. However, since there was delay on the part of the petitioners, this Court is of the view that denial of interest to the petitioners, for a period of 10 years, would be a balancing act. Hence, the writ petition is allowed, directing that the 2nd respondent shall treat the applications filed by the petitioners on 08-04-1991 and 12-04-1991, seeking reference under Section 18 of the Act, as those, under Section 28-A of the Act, and extend the benefit of the judgment of the Supreme Court in S.L.P.(C)Nos.18621 to 18626 of 2005, dated 02-08-2010, together with statutory interest. The 2nd respondent shall, however, deduct interest calculated for a period of 10 years to the petitioners. This exercise shall be completed with a period of three months from today. The miscellaneous petition filed in this writ petition also shall stand disposed of. There shall be no order as to costs.