Decided on April 17,1963



Narasimham, J. - (1.) This is an application for the issue of a Writ of mandamus directing the Special Deputy Collector for Land acquisition. Puttur, to refer the applicants case to the Court under Section 18 (1) of the Land Acquisition Act, 1894, (Act 1 of 1894).
(2.) The facts and circumstances leading to the filing of this application are briefly these: An extent of Ac. 4-70 cents of land in Satrawada village in Puttur Taluk was acquired for a public purpose. The land acquisition officer awarded compensation to the petitioner and another. for the petitioners share he awarded Rs.13,177-49 Np. A sum of Rupees 1,395-27 Nps. was awarded to the other person who had interest in the land. The award was pass0 after due enquiry. The petitioner received the bill drawn on the treasury for the amount payable to him the same day at 10-30 A.M., without protest. Later at 3-30 P.M. he appeared before the Land Acquisition Officer and filed a petition disputing the amount of compensation awarded to him and requiring the matter to be referred for determination by the Court. In the petition filed by him he represented that he had in fact received the bill for the amount due to him under protest. But that was an incorrect statement. The land acquisition officer rejected the application under the proviso to Section 31 (2) for the reason that having received the bill for the amount without protest, he was not entitled to make an application for referring his case to the Court. The petitioner has therefore, applied to this Court. It would appear that he petitioner cashed the bill on 18-7-60.
(3.) In support of this petition, it is urged for the petitioner that receiving the bill drawn on the treasury for the amount of compensation awarded is not the same as receiving this amount, and so the petitioner was not disentitled to make an application requiring reference. We may read the relevant provision. Section 31, in so far as it is relevant, here. "31. (1) On making an award under Section 11 the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless presented by some one or more of the contingencies mentioned in the next sub-section. (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any disputes to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under Section 18 would be submitted. Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount. Provided also that I1o has received the amount otherwise than under protest shall be entitled to make any application under Section 18." (The rest of the provision is not necessary for purpose of this petition).;

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