receiving it under protest. They were misguided by the concerned officials that protest in writing has to be made in the application addressed ... protest having been specified in the Act and the time when protest is to be lodged, act of filing of an application seeking reference
does not prescribe any particular mode of protest and such an oral protest is a valid protest under law."
10. In Kotipalli Chilli ... oral protest would meet the requirements of law. The protest could be either oral or in writing. The application for reference under Section
reference has not accepted the award (award amount is received under protest).
(2) Application must be in writing with a request to make a reference ... received the payment under protest. It would therefore, follow that if the compensation was received without protest, application seeking a reference under Section 18 will
issued on
02.06.2008. Ex.P-1 protest petition reveals that the Claimant
has filed the protest application ... evidence, he has produced 5 documents. Ex.P-1 is the protest
application filed u/s.18 of L.A. Act in respect of property
Achar
2. DOCUMENTS MARKED FOR THE CLAIMANTS:
Ex.P.1 : Protest application
Ex.P.2 : C/c of the sale deed ... sale deed
Ex.P.11 : Award Notice
Ex.P.12 : Protest application
Ex.P.13 : Photos
Ex.P.14 : Letter
Ex.P.15 : Notice
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
Nair, who received the same without any written protest. He also did not file any application for reference under Section 18 of the Act. Later ... person moving the application did not make an application to the Collector under Section 18 ;
(v) The application is moved within three months from
Collector, regarding the deposit of amount, when there is a protest or an application, questioning the inadequacy of compensation amount or in the case ... person interested can receive the compensation under protest and thereafter, make an application under Section 18 to the Collector, within the prescribed period, requiring
making of any application under Section 18 . This application had already been made and when such an application was made the Land Acquisition Officer ... protest in fact appearing neither the form of the protest nor the particularity of any document in which that protest may be contained
protest and some accepted without protest. The apex Court made following observations in paragraph 5:
"....Inasmuch as the appellants have filed an application ... taken the view that claimants who received compensation under protest and who made application under Section 18(1) alone are entitled to seek reference. Following
