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Patel Natvarbhai Prabhudas And Ors. vs Special Land Acquisition Officer No. 1 on 29 July, 1998
cites
Section 12 in The Land Acquisition Act, 1894 [Entire Act]
Ajit Singh Januja & Ors vs State Of Punjab & Ors on 1 March, 1996
5. From the above section, it is clear that any interested person, who has not accepted the award, can make written application for reference. If the interested person is not present at the time when the award is made or he has received notice under Section 12(2) of the Act, he has to submit his application within six weeks and in other cases, he shall submit application within a period of six months from the date of Collector's award. In the instant case, it is found that the petitioners submitted application within the stipulated time. The question is as to whether the petitioners have accepted the award or not. According to the petitioners, they have not accepted the award. Even though they have received compensation from the respondent, according to the petitioners' Counsel, the fact that they had filed application under Section 18 of the Act by itself is indicative of the fact that they have not accepted the award. The petitioners' counsel placed reliance on the decision of the Supreme Court in Ajit Singh and Ors. v. State of Punjab and Ors. 1994 LACC 365. The Supreme Court observed in para 6 of the judgment that,... "inasmuch as the appellants have filed an application for reference under Section 18 of the Act that will manifest their intention. Therefore, the protest against the award of the Collector is implied notwithstanding the acceptance of compensation".
Section 9 in The Land Acquisition Act, 1894 [Entire Act]
Bakshi Ram Jain And Ors. vs State Of Haryana And Ors. on 7 February, 1997
In the case of Bakshi Ram Jain v. State of Haryana 1997 (2) LACC 590, decided by the Division Bench of Punjab and Haryana High Court, the claimants had demanded land value at Rs. 26/- per sq. yard. The Collector had awarded compensation at Rs. 1.60. The land-owners filed application for reference under Section 18. The Collector rejected the application on the ground that the land-owners had received compensation without protest. The Court held that the fact that they had claimed larger amount than what had been granted by the respondents itself is indicative of the fact that they had not accepted the awarded amount. It was observed as under:
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