NINUA RAM Vs. ADDL DISTRICT JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition has been filed against the judgment dated 28. 7. 2007 passed by the learned Additional District Judge No. 2 Bharatpur in reference case No. 13/1998 and the order dated 11. 8. 1998 passed by the Land Acquisition Officer PWD Zone, Bharatpur (Raj. ). By the first order, the Court aforesaid rejected the reference application of the petitioner on the premise that he could not as per the provisions of Section 18 of the Land Acquisition Act, 1894 directly approach the Court. The petitioner had earlier approached the Land Acquisition Officer by filing an application on 31. 7. 1998. Application of the petitioner was rejected by the Land Acquisition Officer vide order dated 11. 8. 1998 on the premise that since the award had already been passed, application for making reference for enhancement of the quantum of compensation could not be entertained thereafter.

(3.) APPLICATION under Section 18 of the Land Acquisition Act, 1894 has provided a valuable right to the person interested in the land who has not accepted the award and that he may by written application to the Collector, require that the matter be referred by the Collector for determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. No doubt, first proviso of sub-section (2) of Section 18 requires that the person making such application if was present or represented before the Collector at the time when he made his award, shall within six weeks from the date of the Collector's award, have to make the application and in other cases, within six weeks of the receipt of the notice from the Collector under Section 12 (2) or within six months from the date of the Collector's award, whichever period first expires.