basis of what he called protest application. The question is whether such a protest application is not required to be in the form of complaint ... Ninganagowda 's case, supra. In other words, even if the protest application does not conform to the definition of a 'complaint
offence in the protest memo.
16. I have perused the protest memo admittedly it
is not by the complainant, but the protest memo is filed ... protest
petition it is not in the form of complaint, when that is so,
: 20 :
the question of learned Magistrate looking into the protest
application
seeking direction to the
respondent-Land Acquisition Officer to refer the protest
application said to have been filed by the claimants
therein for consideration relating ... respondents who are the
notified kathedars had not filed any protest application
within the period of 90 days permitted under law. It is
therefore contended
satisfied with the 'B' report, the respondent filed the protest application.
2. Mr. Anand Navalgimath, learned Counsel for the petitioner submitted that such ... protest application which is not in the form of the complaint is not tenable. On the other hand Sri D.G. Mogali, learned Counsel
respondent - Special Land Acquisition Officer and
filed the protest application and the reference
application was forwarded to the reference Court and
the same was registered ... dissatisfied with the market value
fixed by 2nd respondent, filed the protest application
and the protest application was registered as LAC
No.122/2008
basis of what
he called protest application. The questionm_i's:Vp"'fr
whether such a protest application ... learned
Counsel it for the .. res:p*ondent--complainant that
the protest, application concerned herein does
'-'.,rhee't. the requfirelnients of Section
petitioner has failed to prove that he had filed the protest application within 90 days of such award notice.
4. It has been contended ... notice under Section 12(2) had been issued and served and protest application under Section 18(1) was barred by time and it should have
Report. Respondent no.3 had
filed a protest application to the final report. The same is pending
consideration before the court below. By virtue ... final order being passed by the court
below on the protest application filed by the third respondent, which
is pending consideration before the court below
said
decision has observed that, the question whether such a protest
application is not required to be in the form of a complaint
within ... asking the Magistrate to take
cognizance, all references in the protest application would be of
no avail to the complainant. There ought
period
of limitation, when in the instant case no protest
application seeking reference was filed within ninety
days from the date of the award notice ... compensation awarded by
5
the Land Acquisition Officer and no protest application
was made within time. The instant application allegedly
filed
