MD GOLAM ALI MINA Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) These Rules are directed against the refusal of the learned Land Acquisition Collector to make references under Section 18 of the Land Acquisition Act in the instant cases.

(2.) The prayer for reference was rejected upon the view that the claimants applicants, having received payments under the awards, otherwise than under protest, were not entitled to maintain applications for references.

(3.) On behalf of the petitioners, it has been contended by Mr. Mitter that, in the instant cases, the applicants filed applications, clearly stating therein, that they were prepared to accept the award amounts under protest and prayed for payments accordingly. The payments appear to have been eventually made by the learned Collector and the receipts, which were given by the applicants for such payments, were endorsed on the back of the said applications. In the said receipts, the words "under protest" do not appear, although the above applications, on the back whereof, the said receipts were endorsed clearly contained statements that the applicants were prepared to receive payments under protest.