Section 18 of Land Acquisition Act, 1894
Under section 12(2), award dated 25-09-2019 was passed informing that I should appear in person or by an authorized agent before Land Acquisition officer within one month along with relevant documents like title deeds , etc for 31 years etc to receive the amount mentioned in the award, failing which the said amount of money will be deposited in the civil court , under section 31(2) with reference under section of30 of Land Acquisition Act, 1894.
The Supreme Court referred to with approval principles laid down by the Calcutta High Court in ILR (1903) Cal 36, as well as the decision of the Privy Council in ILR (1905) Cal 605 and the decision of the Punjab Chief Court in (1909) 4 Ind Cas 914 referred to already. The Supreme Court pointed out:
'In dealing with this question it is relevant to bear in mind the legal character of the award made by the Collector under Section 12. In a sense it is a decision of the Collector reached by him after holding an inquiry as prescribed by the Act. It is ,a decision, inter alia, in respect of the amount of compensation which should be paid to the person interested in the property acquired; but legally the award cannot be treated as a decision; it is in law an offer or tender of the compensation determined by the Collector to the owner of the property under acquisition.
If the owner accepts the offer no further proceeding is required to be taken: the amount is paid and compensation proceedings are concluded. If however, the owner does not accept the offer, Section 18 gives him the statutory right of having the question determined by Court, and it is the amount of compensation which the Court may determine that would bind both the owner and the Collector. In that case it is on the amount thus determined judicially that the acquisition
proceedings would be concluded. It is because of this nature of the award that the award can be appropriately described as a tender or offer made by the Collector on behalf of the Government to the owner of the property for his acceptance,'
on 25-10-2013 I have submitted all the original documents along with an application stating to accept the award under protest for the amount and requested to forward the application to civil court under section 18 for the amount.
section 18 of Land Acquisition Act, 1894 deals with reference to court in which:
(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the apportionment of the compensation among the persons interested.
(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.
As on 25-04-2014 neither the compensation amount was paid nor referred to court under section 18 or under section 31(2).
Whether it is possible to set aside the award under law of limitation and claim the amount as per
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENTACT,20I3
Section 24 of THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN
LAND ACQUISITION, REHABILITATION AND RESETTLEMENTACT,20I3 states that:
Norwithstanding any,thing contained in this Act. in any case of land acquisition
proceedings initiated under the Land Acquisition Act. 1894,-
(a) where no award under section I I ofthe said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination ofcompensation shall apply; or
(6) where an award under said section I I has been made, (hen such proceedings shall continue
under the provisions of lhe said Land Acquisition Act, as ifthe said Act has nol been repealed.
(2) Notwithstanding anything contained in sub-section ( /), in case of land acquisition proceedings initiated under the Land Acquisition Act. r 894, where an award under the said section I I has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the
provisions of this Act:
Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.
Award is nothing more than an offer and when the offer is accepted it becomes a contact. Under contract law the period of limitation starts from the day the offer is accepted and binds on both the parties. If either of the parties breaks the contract, the offer is no more valid or in the sense award is not made.
In my case the offer has been accepted on 25-10-2014 with an application to accept the amount in protest and the refer the natter to civil court under section 18 for the amount of the compensation.
Pune Municipalc Corp.& Anr. vs Harakchand Misiri\mal Solanki : supreme court.
Raja Harish Chandra Raj Singh vs The Deputy Land Acquisition , supreme court
Kunhibi vs Land Acquisition Officer, Kerala High Court
Asked 3 years ago in Civil Law from Karaikal, Puducherry