D.K. Mahajan, J. - (1.) THIS order will dispose of Regular First Appeal No. 311 of 1960. This appeal is by the claimant, whose lands were acquired for the purposes of Sirhand Feeder Canal under a notification dated the 18th of December. 1957.
(2.) THE Land Acquisition Collector awarded compensation at the rate of Rs. 1,300 per acre. This compensation was accepted by the claimant and later on, he made an application under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act) for a reference to the District Judge. His case was referred to the District Judge in spite of the provisions of Section 31(2) - -Second Proviso, which reads thus: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under Section 18: In fact, the reference application of this person should have been rejected. In any event, when the matter came up before the learned District Judge, the learned Judge was of the view that this claimant had failed to show that he had accepted the amount of compensation under protest after the award was made; and, therefore, could not object to the compensation awarded by the Collector. The learned Judge repelled the argument of the State that he had no jurisdiction to hear the reference relying upon the decision of this Court in Hari Krishan Khosla v. State of Pepsu : A.I.R. 1958 P&H 490. Against this decision, an appeal has been preferred to this Court.
(3.) THE short contention advanced by the learned Advocate -General is that there is no merit in this appeal because the claimant accepted the compensation after the award without protest; and if he does so, he had no right to seek a reference under Section 18 of the Act in view of the provisions of Section 31(2) - -Second Proviso; and, in any event, if a reference is made, it is open to the Court not to give him relief in view of his having accepted the compensation without protest - -in other words, having accepted the award as a good award. Reference is also made to Section 20, Clause (b) of the Act.;