THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.7908 of 2011 ORDER: The land of the petitioner was acquired for the branch canal of Telugu Ganga Project through Notification dated 12.09.2007 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). The award was passed on 26.10.2007 by the second respondent. Not satisfied with the compensation, the petitioner submitted application on 06.11.2007 under Section 18 of the Act with a request to refer the matter to the Civil Court. Through endorsement dated 07.05.2008 the second respondent rejected the application by stating that the petitioner did not record his protest in the prescribed form while taking the compensation. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. Section 18 of the Act provides for reference of matter to a Civil Court in case the owner of the acquired property is not satisfied with the compensation awarded by the Land Acquisition Officer. Two conditions have to be fulfilled. The first is that the compensation must be received under protest and the second is that application for reference must be made within six weeks from the date of receipt of the compensation. The Act, by itself, does not prescribe any form or method of recording protest. In several matters, the Hon’ble Supreme Court and this Court held that the very fact that an application for reference is made within the stipulated time is sufficient to connote the protest. In the instant case, the second respondent does not dispute that the petitioner filed application seeking reference within six weeks from the date of award and the amount was received under protest. The only objection is that the protest was not in Form-C. Such a reason is totally untenable. On the basis of such a reason, the statute conferring upon the petitioner to seek reference cannot be denied. Hence, the writ petition is allowed and the impugned endorsement is set aside. The respondents are directed to refer the matter to the Civil Court, within two months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Date:25.03.2011 va