JAYSUKH RAGHLA PATEL Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal is today fixed for final hearing.

(2.) The land subject matter of the reference was notified by a notification under section 4(1) of the said Act dated 6th March 1995. By an Award made on 28th February 1996 the market value at the rate of Rs. 50,000/ per Acre was offered. By the said award, compensation of Rs. 2,20,000/ was granted for standing trees. The statutory benefits were also offered. The appellant claimant accepted the compensation amount without recording any formal protest. On 1st March 1996, an application under section 18 of the said Act was made by the appellant seeking enhancement in market value.

(3.) A Reference was made to the District Court which was contested by the respondent by filing written statement. One of the contentions raised by the respondent was that the compensation offered by the Land Acquisition Officer was accepted by the appellant without any protest which shows that the respondent has accepted the award under section 11 of the said Act. By the impugned Judgment and Award, the learned District Judge held that the appellant accepted the amount offered by the Land Acquisition Officer without protest, and hence, reference was not competent. The Reference has been dismissed by the impugned Judgment and order only on the ground that same was not competent.