Law: Land Acquisition Act, 1894

Section: 18

Land Acquisition Act (I of 1894)--- ----S. 18---Reference to Court---Verbal refusal of Collector to refer the matter to the Referee Court---Effect---Petitioners claimed that Collector verbally returned the reference petition filed under S.18 of Land Acquisition Act, 1894 by refusing to send the same to the Referee Court---Validity---Collector had returned the reference petition without recording of the reasons and justifications, which was not permissible under law---Verbal order of Collector was set aside and writ petition was allowed. THIS ORDER PASSED BY: ALI BAIG, J.--- Through this writ petition the petitioners have called in question the validity and legality of the impugned order dated 24-5-2018 passed by Collector/ Deputy Commissioner Nagar, whereby the Collector Land Acquisition Nagar has verbally returned the Reference Petition filed under section 18 of the Land Acquisition Act, 1894 to the petitioners by repudiating to send the same to Referee Court/District Court Nagar. 2. The learned counsel appearing on behalf of the petitioners contended that the petitioners had filed Reference Petition under section 18 of the Land Acquisition Act, 1894 before the respondent No.1/Collector Nagar against the award dated 08-8-2017 passed by the Collector/respondent No.1 with the request to refer the petition to the learned Referee Judge/District Judge Nagar for determination of compensation amount of acquired land of the petitioners. The learned counsel for the petitioners further argued that since the petitioners have filed the Reference Petition under section 18 of the Land Acquisition Act 1894 before the Collector Nagar/respondent No.1 within the time and he was bound to refer/send the said petition to the Referee Court under the relevant provisions of the Land Acquisition Act, 1894, but the respondent No.1 has illegally returned the Reference Petition verbally without recoding reasons to return the petition, hence the respondent No.1 has committed material irregularity and illegality while passing the verbal impugned order which is not maintainable and liable to be set aside. 3. On the other hand the learned Assistant Advocate General while representing the…

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