against the appellant. On May 7, 1966, the appellant filed
a protest application requesting the Chief Presidency
Magistrate to take the matter ... argued that there was no reference of the receipt in
the protest application, dated May 7, 1966, that likewise,
there was no reference therein
opportunity was given to
the complainant/original informant to submit any protest
application or not. Assuming that nonfiling of the charge
sheet/challan against ... required to be given an
14
opportunity to submit the protest application and, thereafter,
after giving an opportunity to the complainant/original
informant, the Magistrate
date namely 19th
March, 2013 passed by the Special Judge whereby protest application filed
by this appellant has been dismissed.
Leading the attack from
Vinubhai Haribhai Malaviya vs The State Of Gujarat on 16 October, 2019
Equivalent citations: AIR
being a non-protester cannot be an aggrieved person. A
claimant who. receives compensation under protest but makes no application
under Section 18 , becomes ... under protest or without
protest, the moment the claimant of the neighbouring land gets higher
compensation, he also becomes entitled to make an application under
opportunity on the part of the
complainant to submit the protest application, they failed
to do so and thereafter after recording the deposition
informant is required to be given an opportunity to submit
the protest application and thereafter, after giving an opportunity
to the informant, the Magistrate
case the award is
not accepted under protest, the persons interested cannot make an
application to make a reference under Section 18 , (Vide: Wardington
Lyngdoh ... made under Section 11 of the Act, without protest, will not be
entitled to make an application under Section 18 of the Act.
Therefore, receipt
that they had filed
an application Nos.1 and 2, claiming that they had filed an
application under protest, but reference under Section ... that
the claimants who receive the compensation under protest and
who make application under Section 18(1) , alone are entitled
to seek a reference: third
received the amount otherwise
than under protest shall be entitled to make any application
under s.18". Section 18(1) envisages that any person ... received the amount otherwise then under protest should
be entitled to make the application under s.18 . In other
words, the receipt of the amount
