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Bally Jaiswal (student)     19 October 2008

Whether Section 18 overlaps section 30 of Land Acquisition Act 1894

 whether section 18 overlaps section 30 of Land Acquisition Act 1894 in cases of reference to court and als in cases of dispute regarding apportionment of award or compensation


 1 Replies

N.K.Assumi (Advocate)     20 October 2008

NO. the wording of section 18(1) leaves the collector no alternatrive course to be adopted but to refer the matter if the application is made within the period prescribed by the section and it is not barred by provisio 2 to section 31 of the act.

The right to have a reference made, of the person who has not acepted the award is an absolute one under section 18 provided he conforms to the formalities laid down by it. In section 30 the words used are " may refer" thereby implying that the collector may or may not exercise his discreation. In a case falling within the ambit of section 18 it is not permissible to the Land acquisition officer to refuse a reference even on the ground that the objections were not bonafide and were frivolous.

Again the difference in the two sections are that, while the refernce under this section should made and can be made only on the application of the party interested, and the scope of reference is limited to the items specified in the section, the reference under section 30 may be made suo motu by the collector and is confine to cases where a question of title arises or the dispute is as regards the approtionment of the compensation money.

While section 18 deals with interalia with objections regarding persons entitled to compensation section 30 relates to disputes as to persons to whom compensation is payable.

In the first case there is a decision by the collector against which objection is taken. In the second case the collector does not give decision and refers the dispute  for the decision of the Court.

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