THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.21667 of 2009 ORDER: The lands of the petitioners at Raikode Vilalge, Narwa Mandal, Mahabubnagar District were acquired through notification issued under Section 4(1) of the Land Acquisition Act (for short ‘the Act’); published in the Gazette on 16-09-1993. Award was passed on 27-06-1994, fixing the compensation at Rs.6,500/- per acre. The petitioners claim that they have submitted an application under Section 18 of the Act, for reference to a Civil Court. According to them, a claim was made for Rs.25,000/- per acre, before the Land Acquisition Officer, the 3rd respondent herein, and a meagre compensation of Rs.6,500/- was paid. Correspondence ensued, as regards the request made by the petitioners. Through his proceedings dated 11-10-2008, the 3rd respondent stated that the request made by the petitioners for reference of the matter to a Civil Court was not considered, since they received the compensation without making any protest. The petitioners feel aggrieved by the said order. Heard the learned counsel for the petitioners and learned Government Pleader for Land Acquisition. The owner of a land is conferred with a right to seek reference under Section 18 of the Act, to a Civil Court, in case the compensation awarded by the Land Acquisition Officer is not adequate. However, two conditions are to be complied with: The first is that the compensation must have been received under protest, and the second is that the application for seeking reference, to a Civil Court, must be presented within six weeks from the date of receipt of the compensation. The petitioners state that they received the compensation on 27-06-1994, and submitted applications, under Section 18 of the Act, on 05-07-1994. Therefore, the second requirement is fulfilled. Now remains the question, as to whether the petitioners received the compensation under protest. There is hardly any uniformity as to the manner in which, the owner of a land can record his protest. In certain places, the concerned registers contain a column, as to whether the amount is received under protest or not. However, the entry in that behalf is required to be made by the Land Acquisition Officer, himself. In view of lack of uniformity, Courts have taken the view that, the very fact that a reference is sought, soon after receiving the compensation, by submitting a written application; can be treated as connoting protest. When the law did not stipulate any specific form of recording protest, and the application filed for reference can be based only upon the protest, the 3rd respondent was not justified in not acceding to the request of the petitioners. The writ petition is accordingly allowed, and the 3rd respondent is directed to refer the matter, pertaining to the land of the petitioners, acquired through notification dated 16-09-1993; to a Civil Court, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.28-02-2011. KO