ASSAIN Vs. LAND ACQUISITION OFFICER
HIGH COURT OF KERALA
LAND ACQUISITION OFFICER
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(1.) These two cases involve the same question viz. entitlement for reference of questions like quantum of compensation under S.18 of the Land Acquisition Act, 1894.
(2.) I shall first take up O.P. No, 14759/2002. The five petitioners therein assert that their land was acquired for the purposes of Kerala Water Authority pursuant to a Notification dated 24.1.1999. The petitioners were directed as per Ext. P2 notice to appear before the respondent on 23.5.2001 to collect the compensation awarded which was to the tune of Rs. 10,18,334/-. The petitioners state that they received the notice issued as above only on 24.5.2001 and therefore could appear only on 26.5.2001 on which date they received the compensation amount under protest. In due course, they presented Ext. P3 application dated 20.6.2001 which was acknowledged by the respondent on 5.7.2001 vide Ext. P3, The petitioners are aggrieved that as per Ext. P6, the reference sought for was declined on the ground that the claimants 3 and 4 mentioned therein who are the respondents 3 and 4 herein had received the amount without protest and as such the motion for reference was inadmissible under S.31(2) of the Land Acquisition Act.
(3.) In O.P. No. 2490/2003 also the question involved is the same. There the compensation amount was received on 10.11.2000; but written protest was only under Ext. P1 dated 28.11.2000. According to the petitioner the amount was received under oral protest made on 10.11.2000 itself. There also the request for reference was turned down vide Ext. P2 stating that at the time when the cheque was received there was no protest.;
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