THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.27594 of 2005 14.10.2009 Between: Katteboina Mallaiah, S/o.Venkat Ramulu … Petitioner and The Special Deputy Collector (L.A.), A.M.R.P., Gnadham Vari Gudem, Nalgonda … Respondent THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.27594 of 2005 ORDER: Petitioner, who is resident of Dugyal village of P.A.Palle Mandal in Nalgonda District, is aggrieved by the rejection of his application under Section 18 of the Land Acquisition Act, 1894 (the Act, for brevity) seeking reference to Civil Court for enhancement of compensation. He is owner of land admeasuring Acs.2.38 guntas in survey No.509/3 of the Village. This land and the land belonging to 94 villagers was acquired for the purpose of formation of Distributory Channel No.7 off take @ K.M.9-15 of Link Canal of Alimineti Madhava Reddy Project, by first respondent. The respondent passed Award No.1/2002-2003 on 27.5.2002 in the absence of the land owners. An amount of Rs.35,000/- per Acre to dry land, Rs.37,000/- per Acre to dry-cum-wet land, and Rs.39,000/- per Acre to wet land was awarded. The amount was disbursed by cheques dated 29.5.2002. Petitioner and others submitted an application on 29.5.2002 requesting first respondent to refer the matter to Civil Court. It appears that reference was conducted on the ground that petitioner accepted compensation amount without protest. A Full Bench of this Court, to which I was a Member, in District Collector, Kakinada v P.Nagabhushana Rao[1] considered the questions whether the claimants who failed to protest at the time of receiving the compensation can file application within the stipulated time seeking a reference to the Civil Court and whether acceptance of the amount without protest amounts to waiver of the right to seek reference under Section 18 of the Act. Insofar as the second question is concerned, it was held as follows. Application has to be made within a period of six weeks from the date of award, if the person making the application was present or represented before the Collector at the time of making award. In other cases, application can be made within a period of two months from the date of service of notice from the Collector under Section 12(2) of the Act. In addition to these positive requirements, there is an embargo contained in the second proviso to sub-section (2) of Section 31 of the Act, which says that no person who has received the amount otherwise than under protest shall be entitled to make any application under Section 18. Insofar as the effect of second proviso under Section 31(2) of the Act is concerned, the Full Bench ruled as under. Result of conjoint reading of the second proviso to sub- section (2) of Section 31 and Section 18 of the Act is that an application seeking reference under Section 18 of the Act for determination of the amount of compensation can be made by any person interested, who has not accepted the award and who has not received the amount otherwise than under protest. The second proviso to sub-section (2) of Section 31 is couched in negative form and disables a person from seeking reference under Section 18 of the Act in case the amount of compensation is received by him otherwise than under protest. However, the Act nowhere lays down the method, manner or form in which protest has to be lodged by a person receiving the amount of compensation. On one hand right is conferred by Section 18 of the Act “on any person interested”, who has not accepted the award to seek reference to the Court for determination of the amount of compensation, provided application is filed by him within the prescribed period. On the other hand, there is an embargo placed not by the same provision but by the second proviso to sub-section (2) of Section 31 of the Act on such a person, who has received the amount of compensation otherwise than under protest from making such an application for reference under Section 18 of the Act. Following the decision of Full Bench, as above, this writ petition is allowed, directing respondent to refer the Award to Civil Court within a period of eight weeks from the date of receipt of a copy of this order. As the matter pertains to 2002 acquisition, the Civil Court may dispose of referred O.P. within a period of six months after receipt of the same. The writ petition is accordingly allowed. There shall be no order as to costs. ________________ (V.V.S.RAO,J) October 14, 2009 YS [1] 2003(6) ALD 48 (FB)