INTRODUCTION
If the award is not acceptable to parties or any person, the remedy is available. To an aggrieved person under the Land Acquisition Act against the award of the collector. The collector in his motion can refer to the court in respect of apportionment of the compensation.
RELEVANT PROVISIONS
Sections 18 and 30 Land Acquisition Act 1894
LITERAL MEANING
The referring of a matter for decision or settlement or consideration to some authority.
REFERENCE IS NOT AN APPEAL
An award made by the collector is not a judicial act so the reference sent to the court is not an appeal. The award is a mere offer of compensation.
KINDS OF REFERENCE
Under Land Acquisition Act. 1894 there are two kinds of reference.
- Reference under Section 18
- Reference under Section 30
REFERENCE under SECTION 18
1. WHO CAN ASK FOR A REFERENCE?
It has been provided in section 18 that only a person who is interested and who does not accept the award may ask for a reference
Person Interested: Any person interested includes all persons claiming an interest in compensation to be made on account of the acquisition of land but does not include the government a Local Authority or a company on whose behalf or for whose benefit land has been acquired.
2. MODE OF MAKING REFERENCE
The Land Acquisition Act 1894 provides two kinds of references;
- Reference under section 18
- Reference under section 30
3. AUTHORITY TO WHICH THE APPLICATION TO BE MADE
The application has to be made by the person interested in the collector under section 18.
4. CONTENTS OF APPLICATION:
According to Section 18 of the Land Acquisition Act 1894, the person interested may apply with the collector when he is not satisfied with the award for the reference of matter by the collector for the determination of court in such application the person interested shall state the objections.
5. PERIOD OF MAKING THE APPLICATION
Following are the periods which have been provided for the making of the application.
Person Making it Was Present: Every such application shall be made if the person making it was present or represented before the collector at the time when he made his award within six weeks from the date of the collector’s award.
In Other Cases: Every such application shall be made in other cases within six weeks of the receipt of the notice from the collector under section 12(2) or within six months from the date of the collector’s award whichever period shall first expire.
SCOPE OF SECTION 18
There are well-settled certain general principles in respect of the proceedings and the jurisdiction of the court under section 18 of the Land Acquisition Act, of 1894, these principles are the following.
- Under section 18 of the Land Acquisition Act, 1894 in respect of the reference the court does not have the power to go behind the reference to examine the legality of the proceedings of the acquisition.
- It is the person interested who only can challenge the award of the collector or the Land Acquisition officer.
EFFECT OF SECTION 18
The effect of section 18 is statutory. It gives the statutory right of the interested person to ask the collector to refer the matters to the determination of the court which is specified in the application. When all the conditions specified in section 18 of the Land Acquisition Act 1894 have been fulfilled then the collector has no option except to refer the matter to the court for its determination.
INCREASE IN RATE
Land in dispute included within Municipal limits and a Municipal road passing through it. Constructions were made around the land at several places and the land became a potential building area and could not be treated as agricultural land.
APPEAL
An appeal can be filed in the high court against the order of the court.
LIMITATION PERIOD
The limitation period for applying section 18 is 6 weeks and under section 12(2) is 6 months.
REFERENCE under SECTION 30
A claimant can get no share of compensation without establishing either site or possession of the land acquired Therefore, where at the time of acquisition the land acquired is found to be in the sole possession of one person, that person is prima facie entitled to compensation and any other person claiming the money must prove a better title.
NECESSARY CONDITIONS
A claimant can get no share of compensation without establishing either title or possession of the land acquired. So, establishing a title is compulsory.
LIMITATION PERIOD
No period of limitation has been provided for the making reference under section 30.
DIFFERENCE B/w REFERENCE U/s 18 AND 30
AS TO NATURE:
U/s 18: Section 18 gives a statutory right.
U/s 30: There is no statutory right under Section 30.
AS TO THE OBJECT:
U/s 18: The object of Section 18 is to correct the award
U/s 30: The object of Section 30 is the settlement dispute
AS TO THE GROUNDS:
U/s 18: Section 18 provides the following grounds for reference
-
- Measurement of the land
- Amount of compensation
- Persons to whom it is payable
- Apportionment of the compensation
U/s 30: Under Section 30 dispute as to apportionment is the ground of reference.
AS TO THE DISCRETION OF THE COLLECTOR:
U/s 18: Under Section 18 collector has no discretionary power
U/s 30: Under Section 30 collector has discretionary power
AS TO MODE:
U/s 18: Under Section 18 collector can not refer in his motion
U/s 30: Under Section 30 collector can take suo moto action
AS TO LIMITATIONS:
U/s 18: Time is prescribed for filing reference under Section 18
U/s 30: Time is not prescribed under Section 30
AS TO INTEREST Of GOVT:
U/s 18: The interest of the Govt is involved under Section 18
U/s 30: No interest of the Govt is involved under Section 30
AS TO SCOPE:
U/s 18: The scope of Section 18 is wider
U/s 30: The scope of Section 30 is narrower
AS TO THE PERSON ENTITLED:
U/s 18: Under Section 18, persons interested are entitled to reference to the court
U/s 30: Under Section 30, the collector is entitled to reference to the court
AS TO REMEDY:
U/s 18: Section 18 provides a remedy for an interested person
U/s 30: Section 30 helps only the collector in settling dispute
CONCLUSION
It is concluded that reference can be made under Sections 18 and 30 of the Land Acquisition Act but both are different.
Reference under Section 18 is:
-
- (i) a written application by the interested person who does not accept the award.
- (ii) The application must state the grounds for the objections.
Reference under Section 30: The reference may be made to Suo Motu by the collector.
