AI Structured Summary
Not yet generated for this judgment
Judgment
Pius C. Kuriakose, J.—The grievance of the petitioner whose properties were acquired under the Land Acquisition Act for the purpose of Kerala Water Authority is that Ext.P6 application for reference under S.I 8 though filed within seven days of his coming to know about the award was rejected by the Land Acquisition Officer on the reason that the same is filed after the expiry of six months from the date of the award. On 27.10.2004 when this Writ Petition came up for admission the learned Government Pleader was directed to get instructions. The Government Pleader Smt. Deepthi submits on instructions that notice u/s 12(2) was not served on the petitioner. She also submits that the Government does not have a case that the award was passed in the presence of the petitioner. If that be so, the version of the petitioner that he came to have knowledge regarding the award only to Ext.P5 in all probabilities is correct. It is by now trite that when the claimant has not been served u/s 12(2) and when the award is not passed in the presence of the claimant for the purposes of Section 18(2)(b) the expression "six months from the date of the award" means six months from the date of knowledge of the award by the party.
In that view of the matter Ext.P6 reference application ought to have been found to be filed in time. The result of the above discussions is that the petitioner is entitled to relief. Ext.P7 will stand quashed. There will be a direction to the respondent Land Acquisition Officer to file fresh orders on Ext.P6 treating the same as filed within the statutory period mentioned u/s 18.
Writ Petition is allowed to the above extent.