Law: Land Acquisition Act, 1894

Section: 18,19,20,21

(a) Land Acquisition Act (I of 1894)--- ----Ss. 18, 19, 20 & 21---Land acquisition---Reference to Court---Pre-requisites---Conditions mentioned under sections 18 to 21 of the Land Acquisition Act, 1894 ('the Act') have to be fulfilled before the Collector is empowered to make the reference, and then alone the Court has any jurisdiction to entertain the reference---Matter (of landowner seeking enhancement for compensation of his land) goes to Court only upon a reference made by the Collector---It is only after such a reference is made that the Court is empowered to determine the objections made by a claimant to the award---In fact, it is the order of reference which provides the foundation of the jurisdiction of the Court to decide the objections referred to it---Section 18(1) of the Act does not authorise or permit or provide for a person aggrieved, to make an application directly to the Court. The appellant (land owner), after having received partial compensation directly filed an application under section 18 of the Land Acquisition Act, 1894 ('the Act') in the Court of District Judge, praying therein to enhance the compensation of land, by setting aside the award announced by the Land Acquisition Collector. The District Judge entertained this application, registered it as a suit, and proceeded with its trial. Question was whether it was open to the land owner-appellant to have directly made an application under section 18 of the Act before the District Judge. There are certain conditions which have to be fulfilled before the Collector is empowered to make the reference, and then alone the Court has any jurisdiction to entertain the reference. These conditions are: (a) A written application should be made before the Collector; (b) The person applying should be one interested in the subject matter of the reference, but who does not accept the award; (c) The grounds of objection as to the measurement, or the amount of compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested should be stated in the application; and (d) The application should be within the period prescribed under the provisos (a) and…

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