Sections 18, 19 and 20 of the Land Acquisition Act 1894
Sections 18, 19 and 20 formed part of the procedure for a reference to Court under the Land Acquisition Act, 1894. Section 18 enabled an eligible person interested to require a reference against specified aspects of the Collector's award; Section 19 prescribed the statement and information to accompany the reference; and Section 20 required the Court to issue notice to the persons specified by the Act.
Section 18 - Reference to Court
Meaning: Section 18 provided the statutory mechanism by which a person interested who had not accepted the Collector's award could require the Collector, by written application, to refer specified objections for determination by the Court.
Who could apply? A person interested who had not accepted the award.
How? By a written application to the Collector requiring a reference to the Court.
What could be challenged? The objection could concern the measurement of the land, the amount of compensation, the persons to whom compensation was payable, or the apportionment of compensation among persons interested.
Grounds required: Section 18(2) required the application to state the grounds on which the objection to the award was taken.
Time limit for making the Section 18 application
The proviso to Section 18(2) prescribed different limitation rules depending on whether the applicant was present or represented when the Collector made the award.
Present or represented at the award: The application had to be made within six weeks from the date of the Collector's award.
Other cases: The application had to be made within six weeks from receipt of the Collector's notice under Section 12(2), or within six months from the date of the Collector's award, whichever period first expired.
These time limits were part of the statutory reference mechanism and were therefore important when determining whether a request for reference had been made within the period prescribed by the 1894 Act.
Section 19 - Collector's statement to the Court
Meaning: Once a reference was made, Section 19 required the Collector to send the Court a written statement containing information necessary to identify the acquired land, the interested persons, the compensation already dealt with, and, where relevant, the basis on which compensation had been determined.
Information required under Section 19(1)
Section 19(1)(a): Situation and extent of the land, together with particulars of trees, buildings or standing crops on it.
Section 19(1)(b): Names of persons whom the Collector had reason to believe were interested in the land.
Section 19(1)(c): Amount awarded for damages and paid or tendered under Sections 5 and 17, or either of them, and the compensation awarded under Section 11.
Section 19(1)(cc): Amount paid or deposited under Section 17(3A).
Section 19(1)(d): Where the objection concerned the amount of compensation, the grounds on which that amount was determined.
Schedule under Section 19(2)
The Collector's statement was also to have a schedule attached giving particulars of notices served upon the interested parties and of written statements made or delivered by them.
Section 20 - Service of notice by the Court
Meaning: After receiving the reference, the Court was required to cause a notice to be served specifying the day on which it would proceed to determine the objection and directing the required persons to appear.
Notice to the applicant: The person who sought the reference had to receive notice.
Notice to other interested persons: Notice was to be served on persons interested in the objection, except those who had consented without protest to receive payment of the compensation awarded.
Notice to the Collector: Where the objection related to the area of the land or the amount of compensation, the Collector was also to be served.
How Sections 18, 19 and 20 operated together
- The Collector made an award under the acquisition procedure.
- An eligible person interested who had not accepted the award could submit a written Section 18 application within the applicable statutory period and state the grounds of objection.
- The Collector made the reference and supplied the written particulars and schedule required by Section 19.
- The Court issued the Section 20 notice fixing the day for determination of the objection and directing the persons specified by the provision to appear.
- The subsequent Court proceedings were governed by the remaining provisions in Part III of the 1894 Act, including the provisions concerning the scope of proceedings and determination of compensation.
Related provisions of the 1894 Act
Section 12 dealt with finality of the Collector's award and notice of the award; Section 17 dealt with urgency possession and included the payment or deposit referred to in Section 19(1)(cc); Sections 21 and 22 addressed the scope and conduct of proceedings before the Court; and Sections 23 and 24 set out matters to be considered or neglected when determining compensation.
Position after repeal of the Land Acquisition Act 1894
The 2013 legislation replaced the 1894 Act as the central statutory framework and expressly repealed the 1894 Act subject to savings. This page is therefore intended as a historical explanation of Sections 18, 19 and 20 and as a reference for proceedings or questions where the earlier enactment remains legally relevant under applicable saving or transitional provisions.