The petitioner is aggrieved with the respondents 2 and 3 having not acted upon Exhibit P12 request for reference for enhancement of land value; under Section 18 of the Land Acquisition Act, 1894 [for brevity "the Act"].
2. The brief facts to be noticed are evident from Exhibit P3 judgment of this Court. Out of the 36 cents of property in Survey Nos.1111, 1112, 1114, 1115 and 1116-B in Thiruvananthapuram District with a building situated thereon, 1.72 ares was sought to be acquired. The petitioners, claiming one-third right each over the property, approached this Court apprehending that the acquisition would be done without notice to them. Even before the learned Single Judge as is disclosed from Exhibit P3, it was submitted by the Government that there was no mutation effected in the name of the petitioners. In any event, the petitioners contend that the application for Transfer of Registry has been already made and that is not taken up by the appropriate authority.
WP(C) No.26115 of 2010 - 2 -
3. As of now, this Court is only concerned with Exhibit P12 application filed under Section 18 of the Act. The property having an extent of 36 cents with a building situated thereon, is said to have been the property of a partnership firm, of three partners, each having one-third right over it. One of the partners sold his right to the 1st petitioner and the other partner's legal heirs, after his demise, sold that one-third right to the 2nd petitioner.
4. Be that as it may, the petitioners were issued with notice, as directed in Exhibit P3, by the Special Tahsildar; as is seen from Exhibit P4. The petitioners filed objections as per Exhibit P5 and notice under Section 9(3) of the Act was issued to decide upon the rights and extent of the claim of each of the petitioners. The objections of the petitioners having been considered, the Land Acquisition Officer, by Exhibit P9(1) issued notice for taking over of the acquired property, which take over is evidenced by Exhibit P9(2). Exhibit P9(3) is the notice of the award made as compensation. By Exhibit P10, the Special Tahsildar referred the question of the claim raised by the petitioners to the Principal Sub Court under Section 31 of the Act. The reference is said to be pending as of now. The WP(C) No.26115 of 2010 - 3 - amounts awarded were also remitted before the Principal Sub Court under sub-section (2) of Section 31. The petitioners are now concerned with Exhibit P12 application filed.
5. As is seen, the notice of award was made on 01.06.2006 and the petitioners filed Exhibit P12 on 24.06.2006, which is received as per Exhibit P13 on 29.06.2006. This is within the time provided under Section 18 of the Act, which is six weeks from the date of notice of award. In such circumstances, the petitioners shall appear before the 3rd respondent or the 2nd respondent within a period of two weeks from today and produce the certified copy of this judgment, upon which the appropriate authority shall issue notice to the petitioners (personally to be acknowledged by the petitioners on that day) and any other affected party and consider the issue of reference within a period of one month therefrom.
The writ petition is disposed of as above. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]