The point that is raised in this petition is the legality and propriety of the order of the Collector refusing to refer a question of the quantum of compensation to the Court under S. 18 of the Land Acquisition Act. The Collector declined the request for the reason that the petitioner bad accepted the award. That the amount awarded as compensation by the Acquisition Officer was received by the petitioner and without any protest is not in dispute. But what is contended for the petitioner is that it is not the Collector who has to decide—whether this has been an acceptance of an award but the civil Court on hearing the reference. It is stated that since the petitioner filed the application For the reference within the time limited by S. 18, it must be taken that the petitioner had not accepted the award and that consequently the Collector had no jurisdiction to refuse to refer.
I do not agree. The acceptance of an award under S. 18 and the consent referred to in S. 31 (2) connote the same idea and is an inference drawn from the same facts. When S. 31 speaks of a receipt without protest as debarring the order for making further claims, the same criterion must apply to the construction of S. 18 and when admittedly the owner—the petitioner here—received the compensation awarded without protest I must take it she accepted the award.
The order of the Collector was therefore not illegal and the petition fails and is dismissed.
V.C.S