PURAN SINGH Vs. S D O

JUDGEMENT

(1.) This revision is directed against the order of the Land Acquisition Collector refusing to make a reference under Section 18 of the Land Acquisition Act. After the filing of the application for making a reference of the case to the Civil Court under Section 18 of the Land Acquisition Act, the claimant received the amount of compensation. The Land Acquisition Collector thought that the claimant, having received the amount of compensation was disentitled from pursuing the application for reference.

(2.) I do not agree with the Land Acquisition Collector. It is only where the amount of compensation is received without protest that an application under Section 18 will not be maintainable. Where a protest has already been expressed by filing an application seeking reference under Section 18 of the Land Acquisition Act, the subsequent receipt of the amount of compensation by the claimant cannot disentitle him from pursuing an application under Section 18. The order of the Land Acquisition Collector is, therefore, set aside and he is directed to make a reference under Section 18 of the Land Acquisition Act. The revision is allowed. There will be no order as to costs.