Elliott vs Podihamy – clr volume 2 page 152

In the matter between the Government Agent (initiating authority under the Land Acquisition Ordinance No. 3 of 1876) and the claimants whose interests in the acquired land were at issue, the court addressed whether the statutory procedure for tendering compensation was properly observed prior to the reference to the district court and whether the district judge correctly considered both the adequacy and apportionment of compensation amid procedural irregularities. It was held that the failure to tender the awarded sum of Rs. 48 before making the reference constituted a fundamental procedural defect. The holding reaffirmed the principle that a valid reference requires compliance with statutory formalities, specifically the tender of compensation and clarity in identifying issues of sufficie