18.Reference to Court:- (1) Any person interested who has not accepted the award may, be
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 appropriate 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.
19.Collectors 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; 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.
20.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 apperance 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.
21.Restriction on scope of proceedings:- The scope of the inquiry in every such proceedings
shall be restrcited to a consideration of the interests of the persons affected by the objection.
22.Proceedings to be in open Court:- Every such proceeding shall take place in open Court,
and all persons entitled to practise in any Civil Court in the State shall be entitled to appear, and
act (as the case may be) in such proceeding.
23.Matters to be considered in determining compensation:- (1) In determining the amount of
compensation to be awarded for land acquired under this Act, the court shall take into
consideration---
first, the market-value of the land at the date of the publication of the {Subs, by Act 38 of 1923,
s.7, for "declaration relating thereto under s.6."} [notification under section 4, sub-section (1)];
secondly, the damage by the person interested, by reason of the taking of any standing crops or
trees which may be on the land at the time of the Collector's taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's
taking possession taking possession of the l;and, by the reason of severing such land from his
other land;
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's
taking possession of the land, by reason of the acquisition injuriously affecting his other property,
movable or immovable, in any other manner, or his earnings;
fifthly, if in the consequence of the acquisition of the land by the Collector, the person interested
is compelled to change his residence or place of business, the reasonable expenses (if any)
incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between
the time of the publication of the declaration under section 6 and the time of the Collector's taking
possession of the land.
(2) In addition to the market-value of the land as above provided the Court shall in every case
award a sum of fifteen per centum on such market-value, in consideration of the compulsory
nature of the acquisition.
Comment: "It is settled law that the burden of proof of market value prevailing as on the
date of publication of Section 4(1) notification is always on the claimants. Though this
Court has time and again pointed out the apathy and blatant lapse on the part of the
acquiring officer to adduce evidence and also improper or ineffective or lack of interest on
the part of the counsel for the State to cross-examine the witnesses on material facts, it is
the duty of the Court to carefully scrutinise the evidence and determine just and adequate
compensation. If the sale deeds are fond to be genuine, the market value mentioned
therein must be presumed to be correct. If the genuineness is doubted, it cannot be relied
upon, Proper tests and principles laid down by this Court must be applied to determine
compensation." Hookiyar Singh v. Special Land Acquisition Officer, Moradabad AIR 1996
SUPREME
COURT 3207
24.Matters to be neglected in determining compensation:- But the Court shall not take into
consideration---
first, the degree of urgency which has led to the acquisition;
secondly, any disinclination of the person interested to part with the land acquired;
thirdly, any damage sustained by him, if caused by a private person, would not render such
persons liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired, after the date of the
publication of the declaration under section 6, by or in consequence of the use to which it will be
put;
fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will
be put when acquired;
sixthly, any increase to the value of the other land of the person interested likely to accure from
the use to which the land acquires will be put; or
seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made
or affected without the sanction of the Collector after the date of the publication of the {Subs, by
Act 38 of 1923, s.8, for "declaration under s.6."}[notification under section4, sub-section (1)].
25.Rules as to amount of compensation:- (1) When the applicant has made a claim to
compensation, pursuant to any notice given under section 9, the amount awarded to him by the
Court shall not exceed the amount so claimed or be less than the amount awarded by the
Collector under section 11.
(2) when the applicant has refused to make such claim or has omitted without sufficient reason
(to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no
case exceed the maount awarded by the Collector.
(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make
such claim, the amount awarded to him by the Court shall not less than, and may exceed, the
amount awarded by the Collector.
(S.26 was re-numbered as sub-section (1) of that section by Act 19 of 1921.s.2.)[26.Form of
awards:- (1)] Every award under this part shall be in writing signed by the Judge, and shall
specify the amount awarded under clause first of sub-section (1) of section 23, and also the
amounts (if any) respectively awarded under each of the other clauses of the same sub-section,
together with the grounds of awarding each of the said amounts.
{Ins.by s.2, Act 19 of 1921.}[(2) every such award shall be deemed to be a decree and the
statement of the grounds of every such award a judgement within the meaning of section 2,
clause (2) and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908.]
27.Costs:- (1) Every such award shall also state the amount of costs incurred in the proceedings
under this part, and by what persons and in what proportions they are to be paid.
(2) When the award of the Collector is not upheld, the costs shall ordinarlily be paid by the
Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant
or that he was so negligent in putting his case before the Collector that some deduction from his
costs should be made or that he should pay a part of the Collector's costs.
28.Collector may be directed to pay interest on excess compensation:- If the sum which, in
the poinion of the Court, the Collector ought to have a awarded as compensation is in excess of
the sum which the Collector did award as compensation the award of the Court may direct that
the Collector shall pay interest on such excess at the rate of six per centum from the date on
which he took possession of the land to the date of payment of such excess into Court.