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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Pradeep Singh – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Writ Petition No. 28856 of 2022
Decided On : 14-12-2022
Condonation of Delay - Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court directed the petitioner to file an application under Section 64(2) of the Act for seeking condonation of delay, and the Collector shall decide that application on its own merits.
Fact of the Case:
The petitioner was aggrieved of an order rejecting a prayer for making a reference under Section 64 of the Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Finding of the Court:
The court directed the petitioner to file an application under Section 64(2) of the Act for seeking condonation of delay, and the Collector shall decide that application on its own merits.
Issues: Aggrievement of the petitioner, rejection of prayer for making a reference under Section 64 of the Act
Ratio Decidendi: The court's decision was influenced by the provision for seeking condonation of delay before the referral authority as contained in Sub-section 2 of Section 64 of the Act, 2013.
Final Decision: The petition was disposed of with the direction to file an application under Section 64(2) of the Act for seeking condonation of delay, and the Collector shall decide that application on its own merits.
JUDGMENT
Vivek Agarwal, J. - Petitioner's contention is that petitioner is aggrieved of order dated 10.10.2022 passed by the Collector and District Magistrate, Satna in case No.48/B121/2022-23 rejecting a prayer for making a reference under Section 64 of the Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. It is submitted that under similar facts and circumstances, a Coordinate Bench of this Court vide order dated 09.11.2022 in W.P. No.25010/2022 has allowed the petition.
3. Shri Rohit Jain submits that there is a provision for seeking condonation of delay before the referral authority as contained in Sub-section 2 of Section 64 of the Act, 2013.
4. Accordingly, this petition can be disposed of by directing the petitioner to file an application under Section 64(2) of the Act, 2013 and the Collector shall decide that application on its own merits in terms of the order passed by a Coordinate Bench of this Court vide order dated 09.11.2022 in W.P. No.25010/2022.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
6. In above terms, petition is disposed of.
The provision for seeking condonation of delay under Section 64(2) of the Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 influenced the cou....
The authority must provide justifiable reasons when refusing to condone delay in processing compensation claims, ensuring compliance with statutory requirements and protecting substantive rights.
Collector empowered under proviso to Section 64(2)(b) of RFCTLARR Act, 2013 to condone delay in reference applications up to one year if sufficient cause shown; must consider causes like lockdown and....
The limitation period for applications under Section 64 of the Act is calculated from the date of the modified award, not the original award.
The court emphasizes the discretion of the District Collector under Section 64(2) allowing extensions for applications concerning compensation, reinforcing rights under Article 300 A of the Constitut....
Section 64 of 2013, Act, reads as reference to Authority.
Determination of amount of compensation – Reference to appropriate authority – Collector has no jurisdiction to go into such question.
The main legal point established in the judgment is that the authority cannot condone delay beyond the maximum statutory period as prescribed by the relevant provisions of the Act of 2013.
Mandamus issued for expeditious disposal of land acquisition reference and delay condonation applications.
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