vustudents
08-31-2012, 01:49 AM
1. Introduction:
If the award which is not acceptable or any person, remedy is provided under land acquisition act against the award of the collector. the collector in his own motion can make reference to the court in respect of apportionment of the compensation.
2. Relevant provisions:
Sec. 18 and 30 land acquisition act.
3. Meaning of reference:
Oxford concise dicitionary.
"The referring of a matter for decision or settlement or consideration to some authority."
4. Reference is not an appeal:
An award made by the collector is not a judicial act so the reference sent to the court is not an appeal award is mere offer for compensation.
5. Kinds of reference under land acquisition act:
(i) Reference under Sec. 18
(ii) Reference under Sec. 30
6. Difference between reference to court under Sec. 18 and Section 30:
(i) As to nature:
Sec. 18 gives statutory right.
There is no statutory right under Sec. 30.
(ii) As to object:
Object of Sec. 18 is to correct the award.
Object of Sec. 30 is to settlement of dispute.
(iii) As to grounds:
Section 18 provides following grounds for reference.
(i) Measurement of the land.
(ii) Amount of compensation.
(iii) Persons to whom it is payable.
(iv) Apprisonment of the compensation.
Under Sec 30 dispute as to apportionment is the ground of reference.
(iv) As to discretion of collector:
Under Sec. 18 collector has no discretionary power.
Under Sec. 30 collector has discretionary power.
(v) As to mode:
Under Sec 18 collector can not refer in his own motion.
Under Sec. 30, collector can take suo moto action.
(vi) As to limitation:
Time is prescribed for filing reference under Sec. 18
Time is not prescribed under Sec. 30.
(vii) As to interest of Govt:
Interest of the Govt. is involved under Sec. 18
No interest of the Govt. is involved under Sec. 30
(viii) As to scope:
Scope of Sec. 18 is wider.
Scope of Sec. 30 is narrower.
(ix) As to person entitled to reference:
Under Sec. 18 persons interested are entitled to reference to the court.
Under Sec. 30, the collector is entitled to reference to the court.
(x) As to remedy:
Sec. 18 provides remedy for person interested.
Sec. 30 helps only collector in settling dispute.
7. Conclusion:
To conclude I can say that reference can be made under Sec. 18 and 30 of the land acquisition act but both are different in nature.
If the award which is not acceptable or any person, remedy is provided under land acquisition act against the award of the collector. the collector in his own motion can make reference to the court in respect of apportionment of the compensation.
2. Relevant provisions:
Sec. 18 and 30 land acquisition act.
3. Meaning of reference:
Oxford concise dicitionary.
"The referring of a matter for decision or settlement or consideration to some authority."
4. Reference is not an appeal:
An award made by the collector is not a judicial act so the reference sent to the court is not an appeal award is mere offer for compensation.
5. Kinds of reference under land acquisition act:
(i) Reference under Sec. 18
(ii) Reference under Sec. 30
6. Difference between reference to court under Sec. 18 and Section 30:
(i) As to nature:
Sec. 18 gives statutory right.
There is no statutory right under Sec. 30.
(ii) As to object:
Object of Sec. 18 is to correct the award.
Object of Sec. 30 is to settlement of dispute.
(iii) As to grounds:
Section 18 provides following grounds for reference.
(i) Measurement of the land.
(ii) Amount of compensation.
(iii) Persons to whom it is payable.
(iv) Apprisonment of the compensation.
Under Sec 30 dispute as to apportionment is the ground of reference.
(iv) As to discretion of collector:
Under Sec. 18 collector has no discretionary power.
Under Sec. 30 collector has discretionary power.
(v) As to mode:
Under Sec 18 collector can not refer in his own motion.
Under Sec. 30, collector can take suo moto action.
(vi) As to limitation:
Time is prescribed for filing reference under Sec. 18
Time is not prescribed under Sec. 30.
(vii) As to interest of Govt:
Interest of the Govt. is involved under Sec. 18
No interest of the Govt. is involved under Sec. 30
(viii) As to scope:
Scope of Sec. 18 is wider.
Scope of Sec. 30 is narrower.
(ix) As to person entitled to reference:
Under Sec. 18 persons interested are entitled to reference to the court.
Under Sec. 30, the collector is entitled to reference to the court.
(x) As to remedy:
Sec. 18 provides remedy for person interested.
Sec. 30 helps only collector in settling dispute.
7. Conclusion:
To conclude I can say that reference can be made under Sec. 18 and 30 of the land acquisition act but both are different in nature.