compensation under protest keeping their right alive and that payment be made to them under protest. Petitioners subsequently filed an application under Section ... without any protest. He categorically denied that petitioner made application of protest on 7-4 -69 but made it on 16-4-69. To this
benefits. After passing of
award, the claimants have received award amount under
protest and filed 18 applications before the respondent.
Accordingly the respondent has referred ... award passed by the
respondent is very meager and there is no application of
mind by the respondent by passing the award. It is stated
benefits. After passing of
award, the claimants have received award amount under
protest and filed 18 applications before the respondent.
Accordingly the respondent has referred ... award passed by the
respondent is very meager and there is no application of
mind by the respondent by passing the award. It is stated
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
would receive the money under protest the amount was not received under a properly recorded protest and the application would be barred under Section ... otherwise than under protest". So long as there is a protest in fact appearing neither the form of the protest nor the particularity
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
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
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
application under Section 18 .
Mr. Dutt appearing for the petitioner states that the application was for the money to be paid under protest and therefore ... proper document wherein to record such a protest. A protest ought to be made, firstly, in the application for receiving the disputed amount of compensation
