Receipt of compensation without protest bars a section 18 reference, making enhanced land acquisition compensation unsustainable.

Receipt of land acquisition compensation without protest bars a reference under section 18 of the Land Acquisition Act. The statutory scheme requires non-acceptance of the award and a timely written objection as the basis for a valid reference; where the claimants accepted the amount under a written agreement and only later alleged oral protest, that protest was treated as an afterthought. As the condition precedent for reference was not met, the reference was not legally maintainable and the enhanced compensation could not be sustained.

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Issues: Whether a reference under section 18 of the Land Acquisition Act was maintainable after the claimants received compensation without protest, and whether the enhanced compensation awarded on reference could be sustained.

Analysis: Under section 31, compensation awarded by the Collector may be received under protest, and the second proviso bars an application under section 18 by a person who has received the amount otherwise than under protest. Section 18 makes non-acceptance of the award and a timely written objection the foundation for a valid reference. The record showed that the claimants had received the compensation without protest and the written agreement evidenced acceptance of the amount as final. The later assertion of oral protest was rejected as an afterthought. Once the statutory condition precedent was not satisfied, the reference itself could not be maintained, irrespective of the merits of the enhancement claim.

Conclusion: The reference under section 18 was invalid and the enhancement of compensation could not stand.

Final Conclusion: The challenge failed because the claimants had accepted the compensation without protest, so the reference was not legally maintainable and no interference was called for.

Ratio Decidendi: Receipt of compensation without protest is a statutory bar to a reference under section 18, and such protest must exist at the time of receipt and be capable of proof.

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