Decided on October 11,1963



- (1.) This is a petition under Article 226 of the Constitution for the issue of a Writ of mandamus directing the first respondent to make a reference under section 18 of the Land Acquisition Act (hereinafter called the Act) to the appropriate Court. The facts relevant for the purpose of this enquiry are that, the Government acquired Acs. 1.5 cents of land in connection with the expansion of the Industrial Training Institute. The petitioner who claimed himself to be the owner of a portion of that land demanded compensation at the rate of Rs. 500 per cent. The Land Acquisition Officer, however, by his award dated 5th January, 1960, awarded compensation at the rate of Rs.100 per cent. That amount of compensation was issued by the Acquisition Authority through a cheque in the name of the petitioner. The petitioner received the cheque on 16th November, 1960. The petitioner however received that amount under protest and endorsed on the receipt : "The dispute may kindly be referred to the Court of law."
(2.) In spite of this request, the grievance of the petitioner is that, the Collector has not made any reference under section 18 of the Act to the civil Court. It is now sought in this petition that the respondent should be compelled to refer the dispute to the civil Court. The short question which arises for decision is whether the endorsement, which the petitioner has made on the receipt requesting the Collector to refer the dispute to the Court of law, complies with the requirements of section 18 of the Act. Section 18, as far as it is relevant for the purpose of this enquiry, is in the following terms :- "18. (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of compensation, the persons to whom it is payable, or the apportionment of the compensation amongst the persons interested. (2) The application shall state the grounds on which objection to the award is taken. "
(3.) From a reading of the abovesaid provision, it becomes manifestly clear that to enable the Collector to make a reference there must be in the first instance an application in writing requesting for a reference by the party who is interested in such a reference. The application must pray for reference to the Court in respect of all or anyone of the matters mentioned in section 18, namely, whether the objections relate to measurement of land, the amount of compensation, the persons to whom it is payable and the apportionment of the amount amongst the persons interested.;

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