SAFIYA vs THE SPECIAL TAHSILDAR (LAND ACQUISITION),

The Special Tahsilar, Land Acquisition, Kasargod

is impleaded suo motu in this writ petition as the

additional fourth respondent.

An item of property owned by the petitioner

has been acquired for the purpose of Railway under the

Land Acquisition Act, 1894 (''the Act''). Dissatisfied with

the quantum of compensation granted to the petitioner,

she preferred an application for reference under Section 18

of the Act as early as on 2.9.1999. The grievance of the

petitioner is that the said application has not been

processed and forwarded to the reference court till date.

She, therefore, seeks appropriate directions in this regard

in this writ petition.

The learned Special Government Pleader, on

instructions, submits that the land acquisition proceedings

referred to by the petitioner in the writ petition have been

completed by the Special Tahsildar, Land Acquisition

(Railway), Kasaragod and by a subsequent order issued by

the Government, the office of the said Land Acquisition

Officer has been abolished. It is pointed out by the learned

Government Pleader that the powers of the Land

Acquisition Officer in respect of the said acquisition

proceedings are now being exercised, therefore, by the

Special Tahsildar, Land Acquisition, Kasargod. It is also

pointed out by the learned Special Government Pleader

that the said officer could not trace the application

preferred by the petitioner.

Ext.P3 is the application claimed to have been

preferred the petitioner for reference. The copy of the

application produced before this Court indicates that the

original application has been received by the Special

Tahsildar, Land Acquisition (Railway), Kasargod. Ext.P4 is

the reminder claimed to have been sent by the petitioner

to Ext.P3. Ext.P4 is also seen acknowledged by the Special

Tahsildar, Land Acquisition, Kasargod. The learned Special

Government Pleader has no case that Exts.P3 and P4 are

false documents. In the circumstances, I am of the view

that the inability on the part of the respondents in tracing

out the application preferred by the petitioner for reference

cannot be a reason for declining the request made by the

petitioner for reference under Section 18 of the Act.

In the said view of the matter, the writ

petition is disposed of directing the petitioner to furnish a

copy of Ext.P3 before the Special Tahsildar, Land

Acquisition, Kasargod, within a week from the date of

receipt of a copy of this judgment. If a copy of Ext.P3 is

furnished by the petitioner before the Special Tahsildar,

Land Acquisition, Kasargod as directed above, it is directed

that the same shall be treated as the original and shall be

processed and made over to the reference court under

Section 18 of the Act, within a month thereafter.