Therefore, if the applicant accepts the award, the award becomes complete and acceptance brings the proceedings under Section 28-A(1) to a terminus and the award binds the claimant and the Collector. On non-acceptance and seeking a reference under Section 28-A(3), the award made under Section 28-A (2) is at large subject to the decision by the court by application of Sections 18 to 26 as is envisaged in Section 28A(3) itself. Section2-A of the local amendment made by the Haryana State Legislature adopting the Amendment made by the Legislature of the Himachal Pradesh, manifests that despite the offer made by the Collector under Section 11, the State is entitled to seek reference under Section 18 but the Sub-section (2) expressly excludes the right of reference under Section 18 to the Union when the land was acquired on behalf of the Union of India. Thereby it is clear that the right to such reference under Section 28-A(3) by the beneficiary does not arise and stands excluded. Though not opposite, but we can have a clue from Section 50 of the Act which prohibits reference at the behest of the beneficiary when the acquisition was made on behalf of a local authority or a company. It is true that there arises an anomalous situation when an award is made under Section 28-A(2) the Collector may award compensation in excess of the amount given under Section 26, while the claimant was provided with remedy under Section 28(3), the beneficiary or the State are left with no remedy under the Act. However, the Collector being an authority under the Act, the award of the Collector made under Section 28-A is not totally immune from jurisdiction of the High Court under Articles 226 and 227 of the Constitution, if required to be challenged by the State or the beneficiary, who have no other legal remedy in the matter."
