land acquisition referance
binukokkad
(Querist) 15 January 2011
This query is : Resolved
land acquired by the Kerala Goverment for public purpose(buit a dam). There is a standing liablity in a bank with claimants so the collector sent the compensation award amount to subordinate judge's court for apportionment. the claimant not filed any application for enhancement U/s 18 of the act till today. now the refferance for apportionment answered infavour of the claimants and they eceived the compensation amount form the court. whether now they can move application for referance U/s 18 of Land acquision act. if they cannot what is the further remady. please solve the proble.
Raj Kumar Makkad
(Expert) 15 January 2011
As the application for reference is to be made within a stipulated time and the payment is also to be received under protest but nothing seems done on the part of claimants so there is no scope, however, if any petition of any other claimant arising out of same award is pending before any court then an application under section 10 of CPC may be moved therein.