The District Collector cannot revisit an award once made; objections must be referred to the Principal District Judge according to the Act.

ORDER

Pursuant to a representation made by the petitioner seeking compensation for planted trees, crops, and other infrastructure, the third respondent passed the rejection order dated 13.01.2025, which is challenged in the present writ petition.

2. The only contention raised by the learned counsel for the petitioner is that once the award is passed by the District Collector and objections are filed, the District Collector has no other option but to refer the matter to the concerned authority, i.e., the Principal District Judge, in the present case. He cannot pass any orders on the objections raised against the award.

3. The learned Government Advocate appearing for the respondents would fairly submit that in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [hereinafter referred to as ''the Act''], the District Collector has no powers to pass any orders on the objections raised by the parties after an award is passed.

4. Heard the learned counsel for the parties and perused the materials available on record.

5. Admittedly, once an award is passed, the District Collector becomes functus officio. Under the scheme of the Act, after an award is passed, if a person who has not accepted the award gives a written application to the District Collector under Section 64 of the Act, the matter shall be referred to the concerned authority, which is the Principal District Judge in this case. Section 64 of the Act reads as follows:

''64. Reference to Authority.– (1) 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:

Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority:

Provided further that 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.

(2) The application shall state the grounds on which objection to the award is taken:

Provided that 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:

Provided further that 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. Further, the duty of the District Collector is stated under Section 65 of the Act. Section 65 of the Act reads as follows:

''65. Collector’s statement to Authority. – (1) In making the reference, the Collector shall state for the information of the Authority, in writing under his hand—

(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;

(b) the names of the persons whom he has reason to think interested in such land;

(c) the amount awarded for damages and paid or tendered under section 13, and the