The decision affirms the duty of authorities to consider applications for compensation in a timely manner and provides guidance on handling delays under the land acquisition framework.

JUDGMENT

The petitioner is stated to be the owner in possession of 2.5 cents of property comprised in Survey No.168/1 of Elamkulam Village covered by Will bearing No.08/73-3 executed by his father, which was registered in the Sub Registrar Office, Ernakulam. Out of the said property, an extent of 0.63 ares of land corresponding to 1.556 cents of land in Survey No.168/1-12 of Elamkulam Village was acquired for the purpose of development of Pulleppady Thammanam Road. The document marked as Ext.P1 is an agreement dated 09.03.2016 entered into between the petitioner and 2nd respondent District Collector. The petitioner has filed Ext.P2 application dated 21.11.2020, before the 2nd respondent District Collector, which is one filed invoking the provisions under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to consider Ext.P2 application and to refer the question of adequacy of compensation of the acquired land, under of the , to the authority constituted under Section 51 of the said Act.

2. On 21.12.2020, when this writ petition came up for admission, notice before admission was ordered to the respondents. The learned Government Pleader took notice for respondents 1 to 3 and the learned Standing Counsel took notice for the 4th respondent.

3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 to 3 and also the learned Standing Counsel for the 4th respondent Corporation.

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 , 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 , 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 date of the Collector's award, whichever period shall first expire. As per the second proviso to sub-section (2) of , the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso.

6. InSreedharan and others v. District Collector, Malappuram and another [ 2020 (5) KHC 424 ], this Court held that when the very object of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act is to ensure just and reasonable compensation to the affected