vustudents
08-30-2012, 11:57 PM
Q. What remedy is available for a person interested, who has not accepted the award for adjudication of the matter under the land acquisition act. (2002)
Q. Describe the procedure to be adopted in case the award given by the collector is not acceptable by the parties. (2003)
1. Introduction:
If the award which is given by the collector is not acceptable by parties or any person, remedy is provided under land acquisition act against the award of the collector.
2. Relevant provisions:
Sec 18, 20, 21 land acquisition act.
3. Meaning of award:
Oxford dictionary
Award is judicial decision.
4. Definition of award:
1988 CLC 715
Word award though not defined in land acquisition act, yet is used, with reference to compensation for land acquired, both award made by collector and passed by acquisition judge or reference by collector on such award are to be deemed award.
5. Person who can apply for reference:
Person interested can apply for reference .
"Person interested" includes all persons claiming an interest in compensation to the made on account of the acquisition of land under this act, and a person shall be deemed to interest in land if he is interested in an easement affecting the land.
6. When right of references is lost:
If person interested has received compensation the right of reference is lost.
7. Essential conditions for making reference:
Following are essentials conditions for making reference.
(i) Written application shall be made to the collector.
(ii) Application shall be made only by person interested.
(iii) The person who has not accepted the award can make application.
(iv) Grounds for objection shall be mentioned in the application.
(v) Application for reference should be made within prescribed time.
(vi) The application shall be filed within six weeks from the date of the award of collector.
8. Grounds of application:
Following are grounds of application.
(i) Objections as the measurement of the land.
(ii)Objections as to the amount of compensation.
(iii) Objections as to the person to whom it is payable.
(iv) Objections as to the apportionment of the compensation among the person interested.
Case PLD 1975 Pesh. (Z).
It was held that a reference must be based on all or any one of the above mentioned ground.
9. Procedure:
(i) Service of notice:
Notice shall be served upon the following persons.
(i) Person interested.
(ii) Collector.
(iii) Applicant.
(ii) Restriction of scope of the proceedings:
The scope of the inquiry in every such proceeding shall be restricted to a consideration of interests of the persons affected by the objection.
(iii) Proceeding and order:
Every such proceeding shall be take place in the open court. the court shall make order after considering the objections.
10. Limitation for application of reference:
(a) If the person was present before the collector at time of making award the limitation will 6 weeks.
(b) Otherwise i. e, if he was not present or represented within 6 weeks of receipts of notice u/s 12(2). if the not has not been received within 6 months of making of award.
11. Appeal:
Appeal can be filed in the H. C against the order of the court.
12. Conclusion:
To conclude I can say that reference can made to the court by person interested through collector. a person not aggrieved of award by collector is not entitled to seek remedy.
Q. Describe the procedure to be adopted in case the award given by the collector is not acceptable by the parties. (2003)
1. Introduction:
If the award which is given by the collector is not acceptable by parties or any person, remedy is provided under land acquisition act against the award of the collector.
2. Relevant provisions:
Sec 18, 20, 21 land acquisition act.
3. Meaning of award:
Oxford dictionary
Award is judicial decision.
4. Definition of award:
1988 CLC 715
Word award though not defined in land acquisition act, yet is used, with reference to compensation for land acquired, both award made by collector and passed by acquisition judge or reference by collector on such award are to be deemed award.
5. Person who can apply for reference:
Person interested can apply for reference .
"Person interested" includes all persons claiming an interest in compensation to the made on account of the acquisition of land under this act, and a person shall be deemed to interest in land if he is interested in an easement affecting the land.
6. When right of references is lost:
If person interested has received compensation the right of reference is lost.
7. Essential conditions for making reference:
Following are essentials conditions for making reference.
(i) Written application shall be made to the collector.
(ii) Application shall be made only by person interested.
(iii) The person who has not accepted the award can make application.
(iv) Grounds for objection shall be mentioned in the application.
(v) Application for reference should be made within prescribed time.
(vi) The application shall be filed within six weeks from the date of the award of collector.
8. Grounds of application:
Following are grounds of application.
(i) Objections as the measurement of the land.
(ii)Objections as to the amount of compensation.
(iii) Objections as to the person to whom it is payable.
(iv) Objections as to the apportionment of the compensation among the person interested.
Case PLD 1975 Pesh. (Z).
It was held that a reference must be based on all or any one of the above mentioned ground.
9. Procedure:
(i) Service of notice:
Notice shall be served upon the following persons.
(i) Person interested.
(ii) Collector.
(iii) Applicant.
(ii) Restriction of scope of the proceedings:
The scope of the inquiry in every such proceeding shall be restricted to a consideration of interests of the persons affected by the objection.
(iii) Proceeding and order:
Every such proceeding shall be take place in the open court. the court shall make order after considering the objections.
10. Limitation for application of reference:
(a) If the person was present before the collector at time of making award the limitation will 6 weeks.
(b) Otherwise i. e, if he was not present or represented within 6 weeks of receipts of notice u/s 12(2). if the not has not been received within 6 months of making of award.
11. Appeal:
Appeal can be filed in the H. C against the order of the court.
12. Conclusion:
To conclude I can say that reference can made to the court by person interested through collector. a person not aggrieved of award by collector is not entitled to seek remedy.