The court established that a request for enhancement under the Land Acquisition Act can be filed after the receipt of compensation, affirming its validity within the limitation period.

The above writ petition is filed seeking to quash Ext.P6 and for a consequent direction to the respondents to refer the matter to a Reference Court as requested in Ext.P1. In connection with the acquisition of land for the Sabari Rail Project, the petitioner’s father was a claimant and has submitted a request before the 2nd respondent for reference to the court for enhancement. But by mistake, only the request made by the other claimants for apportionment of the amount was referred and the request for enhancement submitted by the petitioner’s father was not sent to the reference court. Other claimants did not participate in the apportionment proceedings but they filed separate suits which were dismissed, against which an appeal was preferred, which also ended up in dismissal.

Though a second appeal was preferred, the same was also dismissed on 29.03.2021 and later on the amount deposited in the court was disbursed to the petitioner and other legal heirs on 15.09.2021. On the very next day, i.e., on 16.09.2021 they submitted Ext.P1 request seeking for enhancement. The said request for reference to the competent court seeking enhancement was rejected by Ext.P6

stating that the same has been filed beyond the period of limitation mainly holding that for seeking reference under Sections 18 and 28A of the Land Acquisition Act 1894 it is not mandatory that the same can be done only after the compensation amount is paid to the parties. The petitioner further submits that the claimant can seek enhancement of the award only after receipt of the award amount and on the next day of receipt of the award amount, Ext.P1 application for enhancement was filed.

2. Learned Government pleader opposed the request of the petitioner reiterating the stand taken in Ext.P6 order.

3. I have considered the rival contentions of both sides.

4. Admittedly, the issue regarding the rival claims was settled finally only after R.S.A No. 584 of 2017 was dismissed on 29.03.2021 and on the production of the copy of the judgment, the amount was disbursed to the petitioner on 15.09.2021. In fact, the reference was made at the instance of the rival claimants regarding apportionment of the amount and without participating in the reference, they filed separate suits and their claim was rejected up to the second appeal proceedings and only on finalisation of the said civil court proceedings, amount was paid on 15.09.2021 and the petitioner submitted Ext.P1 application on the very next day, i.e., on 16.09.2021. The definite stand of the 1st respondent in Ext.P6 is that the request is barred by limitation mainly holding that for seeking reference under Sections 18 and 28A of the Land Acquisition Act 1894 it is not mandatory that the same can be done only after the compensation amount is paid to the parties. This Court in Kandiyal Abdul Nazer v. State of Kerala and another, 2024 (2) KLT 363 while referring to and 30 of the has held that only after an order of apportionment is passed, the claimant can legitimately seek a reference under Section 18 for enhancement. Therefore, taking into consideration the above-said judgment and that the issue regarding apportionment was finally settled only by the judgment delivered by this court in the second appeal proceedings on 29.03.2021 and that amount was disbursed to the petitioner only on 15.09.2021 and further that Ext.P1 application seeking enhancement was filed on 16.09.2021, I am of the view that the stand taken in Ext.P6 that Ext.P1 application is filed beyond the period prescribed as per the Land Acquisition Act, 1894 cannot be accepted. Relying on the dictum laid down in Kandiyal Abdul Nazer’s case cited supra, it is held that Ext.P1 application is well within time.

5. Accordingly, the above writ petition is disposed of setting aside Ext.P6 order with a consequential direction to respondents 1 and 2 to reconsider Ext.P1 application and take steps to refer the matter to the reference court concerned for adjudication,