SIMON Vs. KERALA STATE

JUDGEMENT

(1.) Section 18 and Section 28A of the Land Acquisition Act pro-vide for reference to the Court, in case the claimant is not satisfied with the award. A time schedule also is fixed for making an application for reference. Once such an application is duly filed, the Collector is bound to refer the same to the Court. But is it within the jurisdiction of the Court to examine the question whether there is a valid reference made within the prescribed time

(2.) Section 18 of the Land Acquisition Act provides for reference to Court, in case a claimant is aggrieved by, and has not accepted the fixation of land value by the Collector. The provision reads as follows:

(3.) An application for reference to the Court under Section 18 for proper fixation of compensation shall be made within six weeks from the date of the Collector's award, in case the claimant was present or represented before the Collector at the time of making the award; and in other cases, within a period of six weeks of the receipt of the notice from the collector, under Section 12(2), or within six months from the date of the award, whichever period shall first expire. An application for reference on redetermination under Section 28A is to be filed within three months of the award. The time taken for obtaining copy of the award can be excluded.