AI Overview...
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Delay in Filing Reference Application & Condonation of Delay
The courts have recognized that delays in filing applications under Section 64 can be condoned, especially considering exceptional circumstances such as the COVID-19 pandemic. The proviso to Section 64(2)(b) grants the competent authority the jurisdiction to condone delays beyond the prescribed period, provided certain conditions are met. Several cases emphasize a liberal approach towards delay, focusing on substantial justice and the facts of each case rather than strict limitation MURUKAN Vs THE UNION OF INDIA - Kerala, N.C.UTHUPU @ BENNY Vs THE UNION OF INDIA - Kerala, MUTHUSWAMI Vs THE UNION OF INDIA - Kerala, SETHURAMAN CHETTIYAR vs THE DISTRICT COLLECTOR - Kerala, CHINNAMMA BENCHAMIN Vs THE STATE OF KERALA - Kerala. -
Impact of COVID-19 Pandemic
Multiple sources highlight that the pandemic led to exclusion of certain periods from computation of limitation, allowing applicants to file references beyond normal timeframes. Courts have acknowledged the pandemic's effect on procedural delays and have directed authorities to consider condonation applications sympathetically MURUKAN Vs THE UNION OF INDIA - Kerala, N.C.UTHUPU @ BENNY Vs THE UNION OF INDIA - Kerala, MUTHUSWAMI Vs THE UNION OF INDIA - Kerala. -
Legal Provisions & Judicial Approach
The proviso to Section 64(2)(b) empowers authorities to condone delays, and courts have directed authorities to reconsider applications for condonation of delay, especially when delays are minimal (e.g., four days). The courts advocate for a purposive and liberal interpretation of Section 64, ensuring that procedural delays do not bar substantive rights to compensation SETHURAMAN CHETTIYAR vs THE DISTRICT COLLECTOR - Kerala, CHINNAMMA BENCHAMIN Vs THE STATE OF KERALA - Kerala, Sreedharan VS District Collector, Malappuram - Kerala. -
Procedural Directions & Reconsideration Orders
Courts have directed authorities like Tahsildars and Collector to re-examine delay condonation applications, especially during extraordinary circumstances like the pandemic. They have also emphasized the importance of timely filing within the extended periods granted under the law MUTHUSWAMI Vs THE UNION OF INDIA - Kerala, Sreedharan VS District Collector, Malappuram - Kerala. -
Main Insights
- The courts prioritize substantive justice over rigid limitation periods in land acquisition cases.
- The proviso to Section 64(2)(b) plays a crucial role in allowing condonation of delays, especially during COVID-19.
- Even minimal delays (e.g., 4 days) can be condoned if justified.
- Authorities are urged to consider applications sympathetically and re-evaluate rejected references where delays are attributable to exceptional circumstances.
Conclusion:
The legal framework and judicial approach affirm that delays in filing reference applications under Section 64 can be condoned, particularly in the context of the COVID-19 pandemic. Authorities are expected to exercise their discretion judiciously, ensuring that procedural delays do not impede the substantive rights of claimants to seek fair compensation under the Land Acquisition Act, 2013 MURUKAN Vs THE UNION OF INDIA - Kerala, N.C.UTHUPU @ BENNY Vs THE UNION OF INDIA - Kerala, MUTHUSWAMI Vs THE UNION OF INDIA - Kerala, SETHURAMAN CHETTIYAR vs THE DISTRICT COLLECTOR - Kerala, Sreedharan VS District Collector, Malappuram - Kerala.
Search Results for "Section 64 Reference Application Delay"
2022 Supreme(Online)(KER) 45649 • India - High Court of Kerala
Devan Ramachandran, J
64(2)(b) - DELAY IN FILING REFERENCE APPLICATION - CONDONATION OF DELAY - COVID-19 PANDEMIC - EXCLUSION OF PERIOD FROM COMPUTATION ... Ratio Decidendi: The proviso to Section 64(2)(b) of the Act vests the competent Authority with the jurisdiction to condone ... OF LIMITATION - Fact of the Case: The petitioners filed applications for reference of the Awards in their favour to ... , is taken away, then their applications#H....
2024 Supreme(Online)(GUJ) 21742 • India - High Court of Gujarat
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
to the order of Collector rejecting application for reference under Section 64 due to delay - Petitioners claimed lack of notice ... (Paras 1-12) ... ... (B) Limitation - Computation of limitation for filing application under Section ... (A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 64 - Challenge ... Further, vide order dated 31.07.2024, the appl....
2022 Supreme(Online)(KER) 43339 • India - High Court of Kerala
Devan Ramachandran, J
64(2)(b) - DELAY IN FILING REFERENCE APPLICATION - CONDONATION - COVID-19 PANDEMIC - EXCLUSION OF PERIOD FROM COMPUTATION OF LIMITATION ... Ratio Decidendi: The court relied on the proviso to Section 64(2)(b) of the Act, which empowers the competent Authority to ... Issues: Whether the applications for reference made by the petitioners could be construed to be within time or beyond it, ... , is taken away, then their applications ....
2022 Supreme(Online)(KER) 8841 • India - High Court of Kerala
Devan Ramachandran, J
64(2)(B) - DELAY IN FILING APPLICATION FOR REFERENCE OF AWARD - EXCLUSION OF PERIOD DURING COVID-19 PANDEMIC - COURT DIRECTED SPECIAL ... TAHSILDAR TO RECONSIDER APPLICATION FOR REFERENCE OF AWARD. ... Fact of the Case: Petitioner challenged the order of the Special Tahsildar rejecting his application for reference ... He submitted that if this period is discounted, then the delay of 137 days, caused by his client in filing the #H....
2022 0 Supreme(MP) 1152 • India - Madhya Pradesh
VIVEK AGARWAL
- The court directed the petitioner to file an application under Section 64(2) of the Act for seeking condonation of delay, and ... Issues: Aggrievement of the petitioner, rejection of prayer for making a reference under Section 64 of the Act Ratio ... Fact of the Case: The petitioner was aggrieved of an order rejecting a prayer for making a reference under Section ... Accordingly, this petition can be disposed of by directing th....
2025 Supreme(Online)(Ker) 37524 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 2013 Act) seeking a reference, with a petition to condone the delay of four days. The delay was not condoned. ... A delay of four days cannot stand in the way of the petitioner’s substantive right in terms of Section 64 of the 2013 Act, for a reference, especially, when he is deprived of his val....
2021 Supreme(Online)(KER) 39715 • India - High Court of Kerala
ANIL K. NARENDRAN, J
for delay condonation under Section 64, considering the factual circumstances. ... Issues: Whether the delay in filing an application for reference under the Right to Fair Compensation Act can be condoned ... 64 - The court examined the provisions regarding the reference to the Authority, emphasizing a liberal approach to applications ... As per the first proviso to sub-section (1) of Section #HL....
2019 Supreme(Online)(KER) 8180 • India - High Court of Kerala
ALEXANDER THOMAS, J
without delay, ensuring the provisions in Section 64, including those concerning delay and limitation, were taken into account. ... Issues: Whether the respondents are required to act on the petitioner's application for enhanced compensation under Section ... made post the limitation period under Section 64. ... applications Under Section 64 of the Central Act 30/2013) pending before them by refe....
2025 Supreme(Online)(Guj) 8245 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MRS. JUSTICE SUNITA AGARWAL, CJ, MR.JUSTICE D.N.RAY, J
for making a reference - Petitioners were farmers non-suited from making reference under Section 64 due to belief that application ... a reference under Section 64 within 15 days. ... reference under Section 64 of the Act was rejected based on alleged limitation. ... We may also note that the proviso to Sub Section (1) of Section 64 mandates t....
2020 0 Supreme(Ker) 658 • India - Kerala
ANIL K.NARENDRAN
proviso to sub-section (2) of Section 64- Directing the said respondent to reconsider the applications for condonation of delay ... 64, Section 64(2)-The Collector may entertain an application after the expiry of the said period, within a further period of one ... applications within the period specified in the first proviso to sub-section (2) of Section 64. .......
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