IMPORTANT POINTS
The conduct and attitude of a petitioner relating to his inaction or negligence are relevant factors to be taken into consideration. An application for condonation of delay under the second proviso to sub-section (2) of Section 64 should be drafted with careful concern and not in a casual manner harbouring the notion that the competent Authority is required to condone delay as a matter of course.

JUDGMENT :

The properties owned by the petitioners were acquired for the construction of Nilambur Bypass, based on Section 11(1) notification issued under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The 2nd respondent Land Acquisition Officer passed Exts.P1 to P1(e) awards dated 25.10.2016, awarding compensation to the petitioners. They received the amount of compensation under protest and sought reference under sub-section (1) of Section 64 of the Act, by submitting Exts.P2 to P2(c) applications dated 31.12.2016 and Exts.P2(d) and P2(e) applications dated 17.05.2017, which were accompanied by application for condonation of delay, as provided under the second proviso to sub-rule (2) of Rule 64. Based on an application dated 22.01.2010 filed under the Right to information Act, 2005, the petitioners were informed through their lawyer, vide Ext.P3 reply dated 30.01.2020 of the Public Information Officer in the office of the 2nd respondent that, after considering the statutory provisions, the 2nd respondent found that the applications made by the petitioners deserve no consideration and accordingly those applications have already been rejected, vide Exts.P4 to P4(e) orders dated 08.05.2019, which were communicated to the petitioners, on 08.05.2019/21.08.2019. By Exts.P4 to P4(e) orders, the 2nd respondent rejected Exts.P2 to P2(e) reference applications dated 31.12.2016/17.05.2017 made by the petitioners under sub-section (1) of Section 64 of the Act, since those applications were filed beyond the specified time limit. Feeling aggrieved, the petitioners are before this Court in this writ petition, under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P4 to P4(e) orders of the 2nd respondent. The petitioners have also sought for a writ of mandamus commanding the respondents to reconsider Exts.P2 to P2(e) reference applications and the accompanying application for condonation of delay.

2. On 16.07.2020, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 and 2 and sought time to get instructions.

3. Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for the respondents.

4. Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act deals with reference to Authority. As per subsection (1) of Section 64, 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 Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested. As per the first proviso to sub-section (1) of Section 64, the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority. As per the second proviso to sub-section (1), where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days.

5. As per sub-section (2) of Section 64 of the Act, the application shall state the grounds on which objection to the award is taken. As per the first proviso to sub-section (2), every such application shall be made (a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under Section 21, or within six months from the