IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7548 of 2010 1. RAMRAJ SINGH S/O LATE DHARMU SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) 2. DEVADHAR SINGH S/O SHRI RAMRAJ SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) 3. KAMESHWAR SINGH S/O SHRI RAMRAJ SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) 4. RAMADHAR SINGH S/O LATE CHANDRADEO SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) 5. KEDARNATH SINGH S/O LATE CHANDRADEO SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) 6. SURJU PRASAD SINGH S/O LATE CHANDRADEO SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) 7. VINDHYACHAL SINGH S/O LATE CHANDRADEO SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) 8. BHARAT SINGH S/O LATE RAJDEO SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) 9. SURESH SINGH S/O LATE RAJDEO SINGH R/O VILL.- DHUNDHUA, P.S.- NABINAGAR, DISTT.- AURANGABAD (BIHAR) Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, AURANGABAD 3. THE DISTRICT LAND ACQUISITION OFFICER, AURANGABAD 4. THE ADDITIONAL COLLECTOR, AURANGABAD ----------- 02. 06.05.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners’ land has been acquired for the purpose of executing Nabinagar Thermal Power Project. Under the impugned order dated 8.1.2010 passed by the Collector, Aurangabad in L.A. Case No.06 of 2008-09 request of the petitioners for reference under Section- 18 of the Land Acquisition Act(hereinafter referred to as the Act) has been rejected on the ground that they made their request after six weeks of the publication of the award. 3. It is submitted on behalf of the petitioners that payment in terms of the award was received under protest on 16.7.2009 as would be evident from page 55 of the brief, whereafter they filed petition dated 5.8.2009, Annexure-9 series making request for reference under Section-18 of the Act as they were not satisfied with the amount of compensation. The Collector, Aurangabad it appears on the suggestion - 2 - of the Additional Collector and government pleader has rejected such request on the ground that the land holders have already received the compensation amount and have filed request for reference under Section-18 of the Act after six weeks of the publication of the award, although, in terms of the provisions of the Act they are entitled to file such request for reference within six weeks from the date of receipt of notice under Section-12 of the Act. 4. Counsel for the petitioners with reference to the provisions contained in Section-18 of the Act submitted that the land holders are allowed liberty to file their objection within six weeks from the date of receipt of payment or within six months from the date of publication of the award. In the instant case, payments were received on 16.7.2009 and the request for reference made on 5.8.2009, which was within six weeks of the receipt of the payment. 5. Be that as it may, as the petitioners are not satisfied with the compensation amount, it is in fitness of thing that the Collector should make reference before the Land Acquisition Judge, Aurangabad so that grievance of the land holder is adjudicated by independent authority. Accordingly, I direct the Collector, Aurangabad to make reference under Section-18 of the Act before the Land Acquisition Judge as early as possible, in any case within two months from the date of receipt/production of a copy of this order before him. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)