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Judgment
G. Bikshapathy, J.—This writ petition is filed seeking direction to the respondents to refer the Award No. 5/87 dated 31-1-1987 to the Civil Court u/s 18 of the Land Acquisition Act (for short the Act) for proper adjudication and for enhancement of compensation. The facts leading to the case are that: The petitioner is the owner of the lands situate in Sy. Nos. 355 /12 and 355 /15 to an extent of Ac. 3.66 cents and 25 cents respectively, situate Srungavaram, Nathavaram Mandal, Vizag district. These lands have been acquired for public purpose viz., Yeleru left canal. After publication of notice, Award proceedings were initiated and award was passed on31-1-1987in Award No. 5/1987by the 1st respondent-The land Acquisition Officer-cum-Special Deputy Collector, Land Acquisition, Yeluru Left Canal, Anakapalli.
It is the case of the petitioner that even during the Award Proceedings, he made a representation on 2-5-1986, which was received by the Authorities on 7-5-1986, bringing to the notice of the 1st respondent that in the land which is sought to be acquired, there are number of trees and also wells and the same may be considered, while passing Award. But, it appears that no action was taken. However, a notice u/s 12(2) of the Act was received by the petitioner on 8-2-1987. Therefore, again he made a representation on 20-2-1987 requesting 1st respondent to refer the matter to the Civil Court u/s 18 of the Act. But no action was taken. The petitioner submits that the application made by him seeking reference u/s 18 of the Act on 28-2-1987 was sent to the 1st respondent by Registered Post Acknowledgement Due and the same was received in the office of 1st respondent on 19-3-1987. Therefore, he submits that the representation filed by him is within the limitation prescribed u/s 18 of the Act, inasmuch as the application was filed within two months from the date of service of notice u/s 12(2) of the Act.
The respondent No.1 filed counter-affidavit contending that the application said to have been sent by the petitioner was never received in its Office and, therefore, the question of referring the matter to a Civil Court does not arise.
It is also the case of the petitioner that the cases of similarly situated persons, whose lands were acquired under the same notification have been referred to the Civil Court and the Civil Court appeared to have enhanced the compensation. The only ground that is urged by the 1st respondent is that the application filed by the petitioner has not been received in its office and, therefore, the question of making reference of the matter to the Civil Court does not arise.
The petitioner filed Original Acknowledgement Card into the Court. According to which the application was received in the office of 1st respondent on 19-3-1987. The learned Government Pleader was directed to verify the fact with reference to the acknowledgement. Though time was taken by him for verification, he did not come out with any positive instructions before this Court. Under these circumstances, I have to accept the contention of the petitioner that the petitioner has filed his representation before the 1st respondent dated: 20-2-1987 and the same was received by the 1st respondent on 19-3-1987. This is well within the time prescribed u/s 18 of the Act.
Under these circumstances, the writ petition is allowed and there shall be direction to 1st respondent to refer the Award No. 5 of 1987 dated 31-1-1987, in respect of the petitioner''s lands acquired, to the Civil Court for enhancement of compensation within a period of six weeks from the date of receipt of a copy of this order. On such reference by 1st respondent, the Civil Court shall proceed with the matter as expeditiously as possible and pass final orders within three months thereafter. No costs.