1996 (3) TMI 470

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....ts are that 25 acres of land being a portion of Plot No.400 of Khata No.92 in village Behea in Shahbad District (renamed Bhojpur) was acquired under Section 4(1) of the Act for public purpose. Publication of the notification under Section 4(1) was made on September 14, 1957. In the enquiry under Section 11 made by the Land Acquisition Officer the appellant had laid her claim for 1/4th share of the compensation along with other co-owners. It is also found as a fact that in the award made by the Collector, he apportioned the compensation into 1/4th share to each of the co-owners and the compensation was received by the respective parties, one of the co owners sought for reference to the Civil Court under Section 18 which was made. The Court h....

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....cation in writing has to be made within the limitation prescribed under Section 18(2) to the Land Acquisition Officer objecting to either extent of the land, classification, value of the land or apportionment of the compensation and upon receipt thereof reference to Court would be made. Thereunder the applicant shall be required to state the grounds on which he/she objects to the compensation etc. Valid reference is a pre-condition for the civil Court to adjudicate the objections raised in the reference application. In this case, it is found by the High Court that the appellant had not made any application under Section 18(1). The jurisdiction of the civil Court to determine higher compensation, as laid down under Section 23 of the Act, wou....