Sponsored Links


Results 1 to 1 of 1

Thread: Explain the difference between a reference to court under Sec. 18 Sec. 30 of the act

  1. #1

    Word Icon 35px Jpg.ashx Explain the difference between a reference to court under Sec. 18 Sec. 30 of the act

    Sponsored Links1


    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.

    Sponsored Links
    Attached Files Attached Files

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Replies: 0
    Last Post: 08-29-2012, 07:57 PM
  2. Q. Explain what is meant by negotiation. discuss the difference between
    By vustudents in forum Assignments on Mercantile Law
    Replies: 0
    Last Post: 08-29-2012, 04:58 AM
  3. Q. Explain the constitution of high court and describe the necessary qualifications .
    By vustudents in forum Constitution of Pakistan 1973 LLB part 2
    Replies: 0
    Last Post: 08-14-2012, 09:52 PM
  4. Replies: 0
    Last Post: 07-11-2011, 03:49 AM
  5. Replies: 1
    Last Post: 04-29-2011, 08:21 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
-: Vuhelp Disclaimer :-
None of the files shown here are hosted or transmitted by this server. The links are provided solely by this site's users. The administrator's or staff of Vuhelp.net cannot be held responsible for what its users post, or any other actions of its users. You may not use this site to distribute or download any material when you do not have the legal rights to do so. It is your own responsibility to adhere to these terms. If you have any doubts about legality of content or you have any suspicions, feel free to contact us.
Online Education | JhelumSoft