Back
VISHAL MISHRA
Mohd. Rajjak – Appellant
Versus
Collector/Land Acquisition Officer – Respondent
ORDER
1. The present petition has been filed challenging the order dated 14.8.2024 (Annexure P/3) passed by the competent authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Rehabilitation and Resettlement (RFCTLARR) Act, 2013 (hereinafter referred as 'the Act').
2. It is the case of the petitioner that he has preferred an application before the Collector being aggrieved by the award which has to be decided within a period of 30 days by making a reference to the competent authority in terms of section 64 of the Act. In case, the competent authority fails to make a reference then in terms of second proviso to section 64 of the Act, he is having a remedy before the District Judge to move an application seeking a direction to the Collector to make a reference. The petitioner filed an application to the District Judge on 4.11.2022 but the same has been rejected by the authorities on the ground that they are having no jurisdiction to entertain such applications, as there is no reference made by the Collector. He has drawn attention of this court to section 64 of the Act which reads as under :--
"(1) Any person interested who has not acce
The limitation period for applications under Section 64 of the Act is calculated from the date of the modified award, not the original award.
Determination of amount of compensation – Reference to appropriate authority – Collector has no jurisdiction to go into such question.
Section 64 of 2013, Act, reads as reference to Authority.
The authority must provide justifiable reasons when refusing to condone delay in processing compensation claims, ensuring compliance with statutory requirements and protecting substantive rights.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
The period for seeking reference under the Land Acquisition Act runs from the date of knowledge of the award, ensuring fairness in the process.
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
The Reference Court in land acquisition matters lacks the authority to set aside a Collector's award and remand for fresh determination, functioning instead to affirm or enhance the award according t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
