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1963 Supreme(AP) 186

GOPALRAO EKBOLE
Peace Memorial Association, Anantapur – Appellant
Versus
Collector, Anantapur – Respondent


( 1 ) THIS is a petition under Article 226 of the Constitution for the issue of a Writ of mandamus directing the first respondent to make a reference under section 18 of the Land Acquisition Act (hereinafter called the Act) to the appropriate court. The facts relevant for the purpose of this enquiry are that, the Government acquired Acs. 1. 5 cents of land in connection with the expansion of the Industrial training Institute. The petitioner who claimed himself to be the owner of a portion of that land demanded compensation at the rate of Rs. 500 per cent. The land Acquisition Officer, however, by his award dated 5th January, 1960, awarded compensation at the rate of Rs. 100 per cent. That amount of compensation was issued by the Acquisition Authority through a cheque in the name of the petitioner. The petitioner received the cheque on 16th November, 1960. The petitioner however received that amount under protest and endorsed on the receipt : "the dispute may kindly be referred to the Court of law. "

( 2 ) IN spite of this request, the grievance of the petitioner is that, the Collector has not made any reference under section 18 of the Act to the civil Court. It is now sought in this




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