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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)].
(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)].
(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].
(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.