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 person 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.
19. 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 or 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.
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 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.
21. Restriction on scope of proceedings. - The scope of the enquiry in every such proceeding
shall be restricted to a consideration of the interest 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 practice in any Civil Court in the State shall be entitled to appear, plea and
act (as the case may be) in such proceeding.
23. Matters to be considered on determining compensation. - (1) In determining the amount of
compensation to be awarded for land acquired under this Act, the Court shall take into
considerationfirst, the market-value of the land at the date of the publication of the [notification under section
4, sub-section (1)];
secondly, the damage sustained by the person interested, by reason of the taking of any standing
crops 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 of the land, by reason of serving 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, in 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.
[(1A) In addition to the market value of the land, as above provided, the Court shall in every case
award an amount calculated at the rate of twelve per centum per annum on such market value for
the period commencing on and from the date of the publication of the notification under section
4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of
taking possession of the land, whichever is earlier.
Explanation. - In computing the period referred to in this sub-section, any period or periods
during which the proceedings for the acquisition of the land were held up on account of any stay
or injunction by the order of any Court shall be excluded.]
(2) In addition to the market value of the land as above provided, the Court shall in every case
award a sum of [thirty per centum] on such market value, in consideration of the compulsory
nature of the acquisition.
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 which, if caused by a private person, would not render
such person 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 accrue from
the use to which the land acquired will be put;
seventhly, any outlay or improvements on, or disposal of the land acquired, commenced, made or
effected without the sanction of the Collector after the date of the publication of the [notification
under section 4, sub-section (1); [or]
[eighthly, any increase to the value of the land on account of its being put to any use, which is
forbidden by law or opposed to public policy.]
[25. Amount of compensation awarded by Court not to be lower than the amount awarded by the
Collector. - The amount of compensation awarded by the Court shall not be less than the amount
awarded by the Collector under section 11.]
26. Forms 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 subsection, together with the grounds of awarding each of the said amounts.
[(2) Every such award shall be deemed to be a decree and the statement of the grounds of every
such award a judgment within the meaning of section 2. clause (2), and section 2, clause (9),
respectively of the Code of Civil Procedure 1908 (5 of 1908).]
27. Costs. - (1) Every such award shall also state the amount of costs incurred in the proceeding
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 cost shall ordinarily be paid by the
Collector, unless the Court shall be 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 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 [nine per centum] per annum from the date on which he
took possession of the land to the date of payment of such excess into Court:
[Provided that the award of the Court may also direct that where such excess or any part thereof
is paid into Court after the date or expiry of a period of one year from the date on which
possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the
date of expiry of the said period of one year on the amount of such excess or part thereof which
has not been paid into Court before the date of such expiry.]
[28A. Re-determination of the amount of compensation on the basis of the award of the Court. -
(1) where in an award under this part, the court allows to the applicant any amount of
compensation in excess of the amount awarded by the collector under section 11, the persons
interested in all the other land covered by the same notification under section 4, sub-section (1)
and who are also aggrieved by the award of the Collector may, notwithstanding that they had not
made an application to the Collector under section 18, by written application to the Collector
within three months from the date of the award of the Court require that the amount of
compensation payable to them may be re-determined on the basis of the amount of compensation
awarded by the court:
Provided that in computing the period of three months within which an application to the
Collector shall be made under this sub-section, the day on which the award was pronounced and
the time requisite for obtaining a copy of the award shall be excluded.
(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry
after giving notice to all the persons interested and giving them a reasonable opportunity of being
heard, and make an award determining the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under sub-section (2) may, by written
application to the Collector, required that the matter be referred by the Collector for the
determination of the Court and the provisions of sections 18 to 28 shall, so far as may be, apply
to such reference as they apply to a reference under section 18.]