Section 18 Reference to Court, Section 19 Collector’s statement to the Court, Section 20 Service of notice - Land Acquisition Act 1894
What is Reference to Court? What is Collector’s statement to the Court? What is the procedure for Service of notice? Section 18, 19 and 20 of Land Acquisition Act 1894
Reference to Court, Collector’s statement to the Court and Service of notice are defined under section 18, 19 and 20 of Land Acquisition Act 1894. Provisions under these Sections are:
Section 18 of Land Acquisition Act 1894 "Reference to Court"
(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.
(2) The application shall state the grounds on which objection to the award is taken:
Provided that every such application shall be made-
(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;
(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire.
Section 19 of Land Acquisition Act 1894 "Collector’s statement to the Court"
(1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand,-
(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reason to think interested in such land;
(c) the amount awarded for damages and paid for tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11;
(cc) the amount paid or deposited under sub-section (3A) of section 17; and
(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements, in writing made or delivered by, the parties interested respectively.
Section 20 of Land Acquisition Act 1894 "Service of notice"
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons, namely:-
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector.