Section 18 reference requirement bars enhancement claims by co-sharers who never sought timely statutory reference.

A claimant's right to seek enhanced compensation under the Land Acquisition Act, 1894 depends on a valid and timely reference under Section 18, because written application within limitation and compliance with Section 18(2) are conditions precedent to the civil court's jurisdiction. A reference made by one co-sharer for his own share does not automatically extend to other co-sharers, especially where compensation was separately apportioned and no timely application was made on their behalf. Section 53 does not attract Order 1 Rule 10 of the Code of Civil Procedure where the statutory procedure is inconsistent. On that basis, a co-sharer who did not seek reference could not claim enhancement.

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Issues: Whether a co-sharer who did not seek a reference under Section 18 of the Land Acquisition Act, 1894 could claim enhancement of compensation on the basis of a reference made at the instance of another co-sharer.

Analysis: The right of a claimant to seek enhanced compensation under the Act depends on a valid reference made under Section 18 within the prescribed limitation. The making of an in writing under Section 18(1) and compliance with Section 18(2) are conditions precedent to the civil court's jurisdiction. Section 53 of the Act does not make the general procedural rule in Order 1, Rule 10 of the Code of Civil Procedure, 1908 applicable where the statutory procedure is inconsistent. A reference sought by one co-sharer in respect of his own share cannot be treated as a reference on behalf of all co-sharers, particularly when the compensation was apportioned separately and no timely application was shown to have been made by the appellant.

Conclusion: The appellant was not entitled to enhancement of compensation, as no valid reference under Section 18 had been made on her behalf.

Ratio Decidendi: A civil court can determine enhanced compensation under the Land Acquisition Act, 1894 only on a valid and timely reference under Section 18, and a reference by one co-sharer does not, by itself, extend to other co-sharers who have not sought such reference.

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