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[Complete Act]
Central Government Act
Section 18 in The Land Acquisition Act, 1894
18 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.
State Amendments Andhra Pradesh. —In section 18, in sub-section (2), for clause (b) of the proviso, substitute the following clause, namely:— “(b) in other cases, within two months from the date of service of the notice from the Collector under section 12, sub-section (2).” [ Vide Andhra Pradesh Act 20 of 1959, sec. 7 (w.e.f. 15-10-1959)].
Bihar —In section 18, sub-section (2), the following proviso is deemed to have been added— “Provided that this sub-section, shall not apply where the land acquired as situated in area which is declared by the Government to be a congested or slum area and the land is not in the actual possession of the owner.” [ Vide Bihar Act 57 of 1982, sec. 49 and Sch.].
Gujarat —Same as that of Maharashtra. [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965)]. Himachal Pradesh. —(1) In section 18, after sub-section (2), insert the following sub-sections, namely:— “(2A) Without prejudice to the provisions of sub-section (1), the State Government may, where the acquisition of land is not for the purposes of the Union and it considers the amount of compensation allowed by the award under section 11 to be excessive, require the Collector by written application that the matter be referred by him to the Court for determination of the amount of compensation. Explanation. —In any cases of land under Part VII, the requisition under this sub-section may be made by the State Government at the request of the company on its undertaking to pay all the cost consequent upon such requisition. [ Vide Himachal Pradesh Act 9 of 1964, sec. 4 (w.e.f. 24-12-1964)].
(2B) The requisition shall state the grounds on which objection to the award is taken and shall be made within six months of the date of award.”
(2) After sub-section (2), add the following sub-section, namely:— “(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the collector were a Court subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure, 1908 (5 of 1908).” [ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 6 (w.e.f. 29-4-1980)].
(2) In section 18, in clause (b) to the proviso, the sign “,” occurring at the end, substitute the sign”:” and thereafter, add the following second proviso, namely:— “Provided further that the Collector may entertain an application under this section, after the expiry of the period of six weeks but within a period of six months, if he is satisfied that the applicant was prevented by sufficient cause from making the application in time.” [ Vide Himachal Pradesh Act 17 of 1986, sec. 2 (w.e.f. 22-7-1986)].
Karnataka —In section 18,—
(1) after the word “award”, where it occurs for the first time, insert the words “or amendment thereof” and after the word, award”, wherever it occurs thereafter, insert the words “or the amendment”;
(2) in sub-section (2), for the proviso substitute the following proviso, namely:— “Provided that every such application shall be made within ninety days from the date of service of the notice from the Deputy Commissioner under sub-section (2) of section 12.”;
(3) after sub-section (2), add the following sub-section, namely:— “(3) (a) The Deputy Commissioner shall, within ninety days from the date of receipt of an application under sub-section (1), make a reference to the Court;
(b) if the Deputy Commissioner does not make a reference to the Court within a period of ninety days from the date of receipt of the application, the applicant may apply to the Court to direct the Deputy Commissioner to make the reference, and the court may direct the Deputy Commissioner to make the reference within such time as the Court may fix.”
[ Vide Mysore Act 17 of 1961, sec. 20 (w.e.f. 24-8-1961)].
(4) for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner” [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Madhya Pradesh. —In section 18,—
(a) at the end of sub-section (1), the words “or the amount of the costs allowed' shall be deemed to be added;
[ Vide C.P. Act 2 of 1922, sec. 239 and Sch., para 4 (w.e.f. 1-7-1923)].
(b) after sub-section (2), insert the following sub-section, namely:—
“(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the Collector were a Court subordinate to the High Court, within the meaning of section 115 of the Code of Civil Procedure, 1908.” [ Vide C.P. and Berar Act 7 of 1949, sec. 3 (w.e.f. 25-3-1949)]. Jabalpur (City).— In section 18, in sub-section (1), at the end full stop shall be deemed to be changed to a comma and the words” or the amount of the costs allowed” shall be deemed to be added. [ Vide C.P. and Berar Act 8 of 1950].
Maharashtra —(1) In section 18, after the word “award”, where it occurs for the first time, insert the words “or the amendment thereof” and after the word “award” wherever it occurs thereafter, insert the words “or the amendment”. [ Vide Bombay Act 35 of 1953, sec. 8 (w.e.f. 6-6-1953): Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(2) Nagpur (City) .—In section 18, in sub-section (1), the full stop at the end shall be deemed to be changed to a comma and the words “or the amount of the costs allowed” shall be deemed to be added. [ Vide C.P. Act 35 of 1936, sec. 61 and Sch., para 7 (1-1-1937): Maharashtra (V.R.) A.L.O., 1965].
(3) In section 18, after sub-section (2), add the following sub-section, namely:— “(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the Collector were a Court subordinate to the High Court, within the meaning of section 115 of the Code of Civil Procedure, 1908.” [ Vide Maharashtra Act 38 of 1964, sec. 3(b) (w.e.f. 7-12-1964)].
Orissa —Same as that of item (b) under Madhya Pradesh. [ Vide Orissa Act 19 of 1948, sec. 2 (w.e.f. 21-1949)]. Punjab, Haryana, Chandigarh, Himachal Pradesh. —(a) Same as that of item (2) Nagpur (City) under Maharashtra. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., para 7].
(b) Same as that of item (b) of Madhya Pradesh.
[ Vide Punjab Act 2 of 1954, sec. 3 (w.e.f. 9-1-1954), Act 31 of 1961, sec. 88;, G.S.R. 257, dated 21st February, 1962].
(c) Sub-sections (2A) and (2B) are the same as that of in Himachal Pradesh.
[ Vide Punjab Act 17 of 1962, sec. 4 (w.e.f. 21-7-1962)]. Tamil Nadu. —In its application to the territories added to Tamil Nadu under Act 56 of 1959, in section 18, in sub-section (2), for clause (b) substitute the following clause, namely:— “(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.” [ Vide Tamil Nadu Act 14 of 1962, sec. 4 and Sch. II (w.e.f. 9-1-1963)]. Uttar Pradesh. —(1) Nagar Mahapalika.—Same as that of Jubbulpore (City) under Madhya Pradesh. [ Vide Uttar Pradesh Act II of 1959, sec. 376 and Sch. II, para. 6].
(2) In section 18, after sub-section (2), add the following sub-sections, namely:— “(3) Without prejudice to the provisions of sub-section (1) the Land Reforms Commissioner may, where he considers the amount of compensation allowed by the award under section 11 to be excessive, require the Collector that the matter be referred by him to the Court for determination of the amount of compensation. Explanation. —In any case of land under Chapter VII the requisition under this sub-section may be made by the Land Reforms Commissioner at the request of the Company on its undertaking to pay all the cost consequent upon such requisition.
(4) The requisition shall state the grounds on which objection to the award is taken and shall be made within six months from the date of the award.” [ Vide Uttar Pradesh Act 22 of 1954 and Sch., para 7 (w.e.f. 19-11-1954)]. West Bengal: Howrah (Improvement). —In section 18, in sub-section (1), for the purposes of clause first,— “(a) when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 51 of the Howrah Improvement Act, 1956, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section (4) of the said Act, and in other cases, the market value shall be deemed to be the market value according to the disposition of the land at the date of publication of the notification relating thereto under section 4;
(b) if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;
(c) if any person, without the permission of the Chairman required by sub-section (8) of section 63 of the Howrah Improvement Act, 1956, has erected, re-erected or added to any wall (exceeding ten feet in height) or building within the street alignment or building line of a projected public street or a projected public park, or having elected, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section (9) of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;
(d) if any person erects, re-erects or adds to any wall (exceeding ten feet in height), or building within a projected sewage disposal site or having erected, re-erected or added to any wall or building as aforesaid fails to remove such wall or building or any specified portion thereof when so required by a notice issued by the Board, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;
(e) if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act;
(f) if the market value is specially high in consequence of the land being put to use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market value of the land if put to ordinary uses; and
(g) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the imamates, such overcrowding shall be disregarded and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodation in it without risk or danger from overcrowding.” [ Vide West Bengal Act 14 of 1956, sec. 70 and Sch. I, para 7].