The judgment reinforces the right of landowners to fair compensation under the LARR Act and mandates timely consideration of their reference requests.

Petitioner has approached this Court challenging Ext.P5 and for a direction to the 3rd respondent to consider and pass orders on Ext.P4

application submitted by the petitioner for reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short LARR Act 2013).

2. It is averred that the respondents proposed to acquire an extent of 05.09 Ares of property comprised in Survey No.201/5-21 and 01.70 Ares of property comprised in Survey No.202/9-21 in Block No.06 situated in Thrikkakkara North Village, Kanayannur Taluk of Ernakulam District, which is in the ownership and possession of the petitioner.

The property was taken possession on 16.12.2014 and on negotiation the 3rd respondent passed an award No.27/14 dated 16.12.2015 for an amount of Rs.44,46,194/-. Later, the LARR Act, 2013 came into force and it is contended that the petitioner has every right to get the compensation as per the provisions of LARR Act, 2013. Thereupon, Ext.P1 request was submitted by the petitioner upon which the 3rd respondent has passed Ext.P2 supplementary award. In Ext.P2, a stand was taken that an excess amount of Rs.5,27,833/- was granted to the petitioner and other land owners and the excess amount is to be recovered.

3. The specific case of the petitioner is that instead of re-determining the compensation as per the provisions of the LARR Act, 2013, the 3rd respondent reduced the compensation granted earlier under negotiation. Thereupon, petitioner filed Ext.P4 application dated 16.10.2023 for reference of the matter to the Land Acquisition, Rehabilitation and Resettlement Authority under Section 64 of the LARR Act, 2013. Petitioner submits that the said request is still pending consideration before the 3rd respondent. While so Ext.P5 notice was issued intimating that the revenue recovery proceedings will initiated against the petitioner for recovery of the amount paid to the petitioner in excess as found in Ext.P2. Petitioner submits that in similar circumstance was considered by this Court in WP(C) No.36615/2018, wherein paragraph 7 of the judgment, reads as follows:

“7. Accordingly, it is ordered that the 3rd respondent will ensure that the requests for reference made out by the respective petitioners in Ext.P-5 is referred to the competent authority as envisaged in Sec. 64 without any further delay so that the merits of the claims made by the petitioners for higher benefits are adjudicated and decided by the competent authority concerned in accordance with the provisions contained in the new Act. Out of equitable consideration, it is ordered that until final award/final decision is rendered by the competent authority in the abovesaid reference process in relation to the matter covered by Ext.P-5 in these cases, the impugned demand made as per Ext.P-6 for refund of the differential amount, will be kept in abeyance. The question as to whether the petitioners are liable for any refund as demanded in Ext.P-6 would be subject to the final outcome of the decision of the competent authority in the abovesaid reference process. If the petitioners are granted higher benefits in the said reference process compared to the amounts that are already disbursed to them as per Ext.P-1 pre-revised award, then the petitioner concerned is not entitled to claim any interest on the differential amounts concerned viz., Rs.1,94,969/- in WP(C) No.36615/2018 and Rs. 9,40,249/- in W.P.(C).No. 36637/ 2018, from the date of receipt of the amounts as envisaged in Sec. 80 of the new Act from the date of actual receipt of those differential amounts concerned. On the other hand, if it is held in the abovesaid reference process, that the petitioners are entitled for only for the amounts which are less than the amounts already granted and disbursed as per Ext.P-1 award, then they are liable to refund the actual differential amount involved from the date of receipt of the said amounts upto d