9911796707
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Issues:
1. Interpretation of Section 31(2) of the Land Acquisition Act regarding the receipt of compensation under protest. 2. Validity of the Collector's decision in dismissing the application without considering the evidence produced by the claimant. 3. Applicability of case laws in determining whether compensation was received under protest. 4. Competence of the District Judge to decide if compensation was received under protest. Analysis: The judgment concerns an award made under the Land Acquisition Act, where a claimant filed an application under Section 18, which was initially rejected by the Assistant Collector citing receipt of compensation without protest. The claimant then filed a writ petition, leading to a hearing where witnesses testified, but the Collector dismissed the application without discussing the evidence, prompting the petitioners to seek revision. The petitioners argued that the Collector's order lacked reasoning and failed to consider the claimant's evidence, emphasizing that the absence of "under Protest" on the receipt did not conclusively prove no protest was made. They cited relevant case laws to support their contention. Conversely, the State contended that the Collector's conclusion that compensation was not received under protest was a factual determination supported by the absence of protest notes on the claimant's receipt compared to others. The court noted the failure to discuss the claimant's evidence and referenced a case emphasizing the importance of considering the intention behind receiving payment. The court highlighted the Collector's oversight in not analyzing the claimant's evidence, leading to the decision's overturning. Referring to a Full Bench judgment, the court affirmed the District Judge's competence to determine if compensation was received under protest, as per Section 31(2) of the Act. Ultimately, the court set aside the Collector's order and directed the case to be referred to the District Judge under Section 18 for a fresh decision on whether the compensation was received under protest. The existing evidence would be considered, and the State granted an opportunity for rebuttal. The judgment concluded with the partial allowance of the petition, emphasizing no costs to be awarded. In conclusion, the judgment delves into the nuances of interpreting Section 31(2) of the Land Acquisition Act, emphasizing the importance of considering evidence and the intention behind receiving compensation. It underscores the District Judge's role in determining if compensation was received under protest, ensuring a fair and thorough assessment of the claimant's case.
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