The petitioner challenged the non-refer of his Section 18 application under the Land Acquisition Act, 1894, to the Civil Court for compensation determination. The court held that the grievance was redressed upon re-submission and disposed of the petition.
No costs. The writ petition was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.7253 of 2012
Dated: 13.08.2012
Between:
Jonna Babu.
…..Petitioner
And
The District Collector, Kadapa & another.
…..Respondents
HON’BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.7253 of 2012
ORDER :
This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in not referring the petitioner’s application submitted under Section 18 of the Land Acquisition Act, 1894, to the competent civil Court for determination of compensation for the structures belonging to him, as illegal and arbitrary.
It is the case of petitioner that he is the owner of the land and structures existing in an extent of Ac.94.48 square metres in Sy.No.48/3 of Ramambapuram village of Nandaluru Mandal in Kadapa District and the said property was acquired under the provisions of the Land Acquisition Act, 1894 and award was passed in Award No.42 of 1999. In this writ petition, it the grievance of petitioner that though he filed an application under Section 18 of the Land Acquisition Act for determination of proper compensation to the structures existing in the aforesaid land, the said application is not referred to the civil Court. When the matter is taken up, it is submitted by the
learned Government Pleader appearing for respondents that originally, reference was made immediately after filing of application by the petitioner, but when the same was returned with some objections, the same was re-submitted to the District Court in the month of February 2012, and in view of re-submission of reference application to the Civil Court, the grievance of the petitioner is redressed.
Recording the aforesaid submission made by the learned Government Pleader, the writ petition is disposed of. No costs.
As a sequel, WPMP.No.9164 of 2012 stands closed.
13th August 2012 ajr
1 issue framed by the court
Whether the District Collector's failure to refer the Section 18 application to the Civil Court was illegal and arbitrary.
1 provisions across 1 enactments
Jonna Babu
The District Collector, Kadapa
Another
R. SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
