9911796707
TMI Blog1997 (4) TMI 511X X X X Extracts X X X X X X X X Extracts X X X X ..... r Project. The land in question to an extent of 206 acres 16 gunthas of the land is situated in the village Nallur in Nizamabad District. Possession thereof was taken on November 22, 1965. After completion of the enquiry under Section 11, the award came to be made on the same date. The compensation at the rate of ₹ 430/- per acre for the dry lands and at the rate of ₹ 430/- per acre for dry black cotton lands was awarded and paid. A writ petition was filed in 1986 by two persons, i.e. respondent Nos. 1 and 2, claiming that they had filed an application Nos.1 and 2, claiming that they had filed an application under protest, but reference under Section 8 was not made. The learned single judge directed an enquiry whether notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication came to be made within two months from the date of the award? The proviso to sub-section (2) of Section 18 speaks thus: (2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made,- (a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector s award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under Section 12, sub-section (2), or within six months from the date of the Collector s award, whichever period shall first expire. Thus it could be seen that when the parties were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Under these circumstances. they are not entitled to seek any reference. No doubt they had filed the writ petition in the High Court for seeking reference. But the High Court s order was only for making reference on verification and to find out correct factual position. The officer himself was in collusion with the claimants and without making any enquiry he made the reference. Subsequently, some persons were impleaded to the reference. That itself indicates that all was not going well. It is now settled position in law that the claimants who receive the compensation under protest and who make application under Section 18(1), alone are entitled to seek a reference: third parties, who have been impleaded, have no right to claim higher c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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