stating clearly therein that the
offer of allotment is being accepted under protest as regards the premium
being charged for the booth. Estate Officer ... dated 8.7.2014 informing the petitioner that acceptance of offer of allotment
under protest is not in order and an unqualified undertaking is to be
furnished
Amendment) Act, 1991, such application
shall be deemed to have been made under this sub-section
as amended by the said Act and the same ... year shall
not apply where any duty has been paid under protest.
(2) If, on receipt of any such application, the
Assistant Commissioner of Central
Intent
(Annexure P-2) as well as contract agreement "Under Protest" has
been entered and executed by it with the respondents, however
notified under
Section 4(1) and the compensation determined in
the award under Section 11 . 'A' received the
compensation without protest ... received
the compensation under Section 31 under protest
and sought and secured reference under Section
18. The court enhanced the compensation from
the Collector
summary recovery does not avail once the period prescribed for recovery
under the Limitation Act has expired. The Full Bench in Kerala Fisheries
Corporation ... following
effect:
"11. Therefore, under Section 70(3), a person who has paid under
protest can file a suit for refund of the amount
under the Water (Prevention and Control of Pollution) Cess Act,
1977 (hereinafter referred to as 'the 1977 Act'). The respondents
raised a protest ... enrichment was
made out and the amount of cess was paid under
protest; the writ petitions were filed within a
NARESH KUMAR
relevant extract from the letter dated 15.03.2001 (Annexure P-8) reads as
under;
"It is humbly requested that regarding the allotment of plot ... consent regarding the rate of plot @ Rs.3600/- per sq. yd (under
protest). The condition of your letter No.6752 dated 23.02.2001 are
not acceptable
Post,
Sector-6, Panchkula. Then the respondents had also filed a petition under
Section 10 of the Haryana (Control of Rent and Eviction ... made provisional
assessment of the rent which was tendered and accepted under protest by
the petitioners.
4. The learned Rent Controller after hearing the learned
Court's
directions. It reads as under:-
"In the event of protest/appeal lodged by the supplier on
rejection of lots by Manager ... Director (Zone) by way
of exercising supervisory control. The lots covered under
protest will not be taken into FCI stock account till the issue
under sub-section (1).
Sub-section (3) gives a right to the applicant either to accept
the award or to accept the compensation under protest ... this document
RFA No. 6990 of 2013 [7]
compensation under Section 18 without protest for higher
compensation, and remedy has been provided to make
