SARVA REDDY Vs. SPECIAL DEPUTY COLLECTOR L A UNIT
LAWS(APH)-1992-8-13
HIGH COURT OF ANDHRA PRADESH
Decided on August 18,1992

SARVA REDDY Appellant
VERSUS
SPECIAL DEPUTY COLLECTOR, L.A.UNIT PRIYA DARSHINI JURALA PROJECT, GADWAL Respondents

JUDGEMENT

M.N.Rao, J. - (1.)The thirty five petitioners herein, mostly belonging to Scheduled Caste and Back ward Classes, are agriculturists owning very small extents of land, aggregation Ac. 29-00, which was acquired by the Government for a public purpose. The award was passed by the Collector on 25-7-1985. The petitioners were served with notices of the award under Section 12 (2) of the Land Acquisition Act (hereinafter referred to as 'the Act') on 25-7-1985. They made written applications on 9-9-1985 under Section 18 (1) of the Act requesting the Collector to refer the matter to the Civil Court for determination of the compensation amount. After two years and three months, those applications were rejected on 10-12-1987 on the ground that they were received "with a delay of five days". Challenging the same, the present Writ Petition was filed.
(2.)At the interlocutory stage, after hearing both sides, a direction was given to the respondent-Special Deputy Collector, to refer the petitions filed by the petitioners herein under Section 18 (1) of the Act to the Civil Court for adjudication. Pursuant to the aforesaid interim direction, the matter was referred to the Civil Court and in O.P. No.387 of 1987 and batch the learned Subordinate Judge, Gadwal, made an award.
(3.)Sri. B. Purushotham Reddy, learned counsel for the petitioners, submits that when once notices were served on the petitioners under Section 12 (2) of the Act, within two months from the date of service of the notices they are entitled to require the District Collector, under Section 18 (1) of the Act, to refer the matter to the Civil Court for determination of compensation. In opposition to this, the learned Government Pleader contends that when the petitioners were present in the open court when the award was pronounced, the request has-to be made by them only within six weeks from the date of the award, and as the same was made beyond time, rightly it was not entertained.
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