The judgment emphasizes the importance of a valid reference application under S.20 of the Kerala Land Acquisition Act, 1961, and clarifies that the court's jurisdiction rests entirely on such a valid reference. It also highlights the requirement of substantial compliance with the essential elements of S.20.

1. This is an appeal by the State under S.60 of the Kerala Land Acquisition Act, 1961. The award under S.11 was passed on 26-2-1973 and notice thereof was given to the claimant on 28-2-1973. On 2-3-1973 the claimant addressed the following communication to the Special Tahsildar:

Petition submitted fay C. R. Viran, Sitaram Nivas, Vyttila, request ing for immediate action.

Your Award in L A.C. No. 90/72 (dated nil) in respect of: 0.8061 hectares of land situate in the village of Poonithura of Kanayannur Taluk and the bungalow etc. of which I am the owner was acquired by Government for the Cochin bye pass to N H. 47.

The award was communicated to roe on 28-2-1973. I find from the award that a compensation of R.1,36,979.18 is awarded as compensation due to the compulsory acquisition. The award admits that I am the registered holder occupying the land and entitled to the compensation so awarded.

I have claimed a compensation totally R.2,33,450/-as per the provisions of the Kerala Land Acquisition Act.

Under S.35 of the Kerala Land Acquisition Act of 1961 you are bound to pay the amount of compensation tendered as per your notice of award dated 27-2-1973 to me.

I do not admit the sufficiency of the amount awarded. I make it clear that I am proposing to receive such amount of compensation under protest as to the sufficiency of the amount.

Therefore on 7-3-1973 the date fixed as per the notice of award under S.12(2) of Act 21 of 1961, I will be presenting myself before you to receive under protest as to sufficiency of the amount of compensation tendered by you and I request you to make available the amount immediately.

Sd/-C.R. VIRAN"

This was followed by another communication dated 25-9-1973 wherein the claimant made a specific request for reference under S 20 Reference was first made on 29-9-1973 under S 33(2) read with S.20; but the court was subsequently informed by the Collector that the application for reference under S.20 was belated and that the matter had to be treated as a reference under S 33(2) only Admittedly, the last date for making an application under S 20 was 11-4-1973 and in this view, the claimant's second communication dated 25-9-1973 was out of time. The question therefore was whether the first communication dated 2-3-1973 could be treated as a reference application under S.20. The court held that it could be so treated, as the claimant had disclosed "an intention to get more amount by way of compensation", and all that was required was 'substantial compliance'. It accordingly proceeded to enhance the compensation And the main question in this appeal is whether the above view taken about the letter dated 2-3-1973 could be sustained.

2. There are two lines of decisions, one taking a very liberal or generous view of the matter, and the other, a more restricted one; but before considering their scope, it is necessary to advert to the relevant statutory provisions.

3. S.2(5) of the Act defines 'court' as the Land Acquisition Court or any civil court invested with the jurisdiction of a Land Acquisition Court under S.58. S.11 deals with the award to be passed by the Collector: it should specify the true area of the land, the compensation allowed and provide for apportionment of the same among persons interested. S.20 reads as follows:

"Reference to Court- (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the apportionment of the compensation among the persons interested.

(2) The application shall state the grounds on which objection to the award is taken:

Provided that every such application shall be made-fa) if the person making it was present or represented before the Collector at the time when be made his award, within six weeks from the date of the Coll