SPECIAL LAND ACQN OFFICER Vs. KENCHAVVA

JUDGEMENT

(1.) In these two matters the same question of law is involved and hence they are being disposed of after hearing arguments on merits, by this common order.

(2.) The lands of the respondent were acquired and an award granting compensation was passed. She took the compensation amount and filed an application under S 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) with a prayer that a reference be made under S. 18 of the Act. No reference was made. Hence she filed an application under S. I8(3)(b) of the Act in the Court of the Principal Civil Judge, Davangere, requesting the Court to direct the Land Acquisition officer namely, the petitioner, to make a reference.

(3.) It was contended on behalf of the petitioner that the respondent had received the compensation amount without lodging any protest and therefore she was not entitled to make an application under S. 18 in view of the Second proviso to S. 31(2) of the Act and as such the Land Acquisition Officer, namely, the petitioner had not referred the application to the Court.