Limitation for land acquisition reference barred where compensation was accepted without protest and award was known to the claimant.

Presence at the award and receipt of compensation without protest bars a reference under the Land Acquisition Act when the claimant does not act within the statutory period. The proviso to Section 18(2) requires a person present or represented before the Collector to seek reference within six weeks from the award, and the second proviso to Section 31(2) disentitles a person who accepted compensation without protest. Absence of a separate notice under Section 12(2) does not extend limitation, and later impleaded parties cannot enlarge the statutory right. A reference made in breach of this bar is without jurisdiction.

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Issues: Whether the reference under Section 18 of the Land Acquisition Act, 1894 was barred by limitation and unavailable to the claimants who were present when the award was made and received compensation without protest.

Analysis: The acquittance registers showed that the claimants were present when the award was passed and that compensation was received without protest on the same day or shortly thereafter. Under the proviso to Section 18(2), a person present or represented before the Collector when the award is made must seek reference within six weeks from the date of the award. The second proviso to Section 31(2) further disentitles a person who has received compensation without protest from seeking a reference under Section 18. In these circumstances, the absence of a separate notice under Section 12(2) did not extend limitation, and the subsequent reference could not be sustained. Third parties impleaded later could not enlarge the statutory right to seek reference.

Conclusion: The reference was barred by limitation and was without jurisdiction; the claimants were not entitled to seek enhancement through the reference proceedings.

Ratio Decidendi: A person who is present when the award is made and receives compensation without protest cannot seek a reference under Section 18 beyond the statutory period, and any reference made in breach of that bar is without jurisdiction.

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