JUDGMENT : A. Pasayat, J. - Petitioner's application for re-determination of compensation payable under the Land Acquisition Act, 1894 (in short, the 'Act') on the basis of order passed by learned Subordinate Judge, Nawapara in M. J. C. No. 29 of 1989 which was confirmed by this Court in F. A. No. 361 of 1990 dated 2-11-1992, having been rejected by the Land Acquisition Officer, Nawapara, this Court has been moved for interference. 2. The case of petitioner in short, is that A0. 99 decimals of lands owned by the petitioner were acquired for Upper Jonk Irrigation Project. He received compensation on 28-7-1989. Lands similarly situated, owned by others were also acquired for the aforesaid project by one notification. The other land owners disputed quantum awarded as compensation, and that is how the matter came to be adjudicated by learned Subordinate Judge and this Court. With reference to Section 28-A of the Act, the petitioner requested the Land Acquisition Officer for re-determination of compensation. Placing reliance on a decision of Allahabad High Court in Civil Misc. U. P. No. 7276 of 1987 (Seburam and Ors. v. State of U. P. and Anr.), decided on 24-10-1991 the concerned officer held that since the amount was accepted by the petitioner without protest, benefits available u/s 28-A of the Act cannot be granted to the petitioner. Mr. Das for the petitioner states that a bare reading of Section 28-A of the Act makes it clear that even if no protest is raised at the time of receipt of compensation, that cannot be a ground to refuse for re-determination when some other persons similarly situated have been granted the enhanced compensation. Learned counsel for the State supported the order submitting that absence of protest indicates acceptance and, therefore, Section 28-A has no application. 3. Learned counsel for the State supported the order submitting that absence of protest indicates acceptance and, therefore, Section 28-A has no application. 3. Section 28-A of the Act reads as follows : "28-A. Re-determination of the amount o1 compensation on the basis of the award of the Court (1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector u/s 4, Sub-section (1) and who are also aggrieved by the award of the Collector, may, notwithstanding that they had not made an application to the Collector u/s 18, by written application to the Collector within three months from the date of award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court : Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector, shall, on receipt of an application under Sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under Sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court and the provisions of Sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference u/s 18." As observed by this Court in Ram Luguri and Ors. v. State of Orissa and Anr., OJC No 5691 of 1991, disposed of on 19-6-1992, acceptance of the plea that no protest was made while accepting compensation and therefore. Section 28-A has no application would frustrate the purpose for which it is enacted. The, said provision was brought into the Statute by Act 68 of 1984. 4. v. State of Orissa and Anr., OJC No 5691 of 1991, disposed of on 19-6-1992, acceptance of the plea that no protest was made while accepting compensation and therefore. Section 28-A has no application would frustrate the purpose for which it is enacted. The, said provision was brought into the Statute by Act 68 of 1984. 4. The expression "persons interested" who are aggrieved by the award of the Collector, occurring in Section 28-A of the Act cannot be equated with similar expression relating to "person interested" as appearing in Section 18 of the Act without protest. One of the essential requirements for making an application seeking reference to the Court is that the applicant should not have received the amount of compensation otherwise under protest. The difference in: language is vital. Sec, 28-A is not fettered by any such impediment as in the case of Section 18. It postulates re-determination of the amount of compensation of one on the basis of the award of the Court made in favour of another. The right accrues to a person whose land was acquired by the same notification u/s 4(1), who may have been aggrieved by the award of the Collector and may not have made an application to the Collector u/s 18. 5. The legislative intent for enactment of Section 28-A can be called out from the Objects and Reasons of the Amendment Act. Para 2(ix) is relevant for our purpose. "Considering that the right of reference to the Civil Court u/s 18 of the Act is not usually taken advantage of by inarticulate and poor people and is usually exercised only by the comparatively affluent land owners and that this causes considerable inequality in the payment of compensation for the same for similar quality of land to different interested parties, it is proposed to provide an opportunity to all aggrieved parties whose land is covered under the same notification to seek re-determination of compensation once any of them has obtained orders for payment of higher compensation from the reference Court u/s 18 of the Act." Therefore, the view taken by the L.A. Collector cannot be sustained and is set aside. He shall consider the application afresh in accordance with law. The writ application is allowed. No costs. Final Result : Allowed