Right to Fair Compensation Act
The Reference to the Authority: Section 64
Section 64 is the dissatisfied claimant's road out of the Collector's award: a written application requiring the Collector to refer the dispute to the LARR Authority, on any of the award's subjects, measurement, compensation, the persons entitled, apportionment, and, the 2013 addition, rehabilitation and resettlement. The successor of the 1894 Act's celebrated Section 18, with a kinder clock. This note covers who may seek the reference, on what, by when, and the Collector's duty once asked.
1. The Right
- Who: any person interested who has not accepted the award, acceptance under protest preserving the right, the claimant who takes the money with a recorded protest keeps the reference alive, while unqualified acceptance spends it.
- On what: the objection may be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, the rights of rehabilitation and resettlement, or the apportionment of the compensation among the persons interested, the five heads covering everything the two awards decide.
- How: by written application to the Collector, stating the grounds of objection, the application's grounds matter because the Authority's enquiry is restricted to them (Topic 74).
- The Collector's duty: on a competent application the Collector shall refer: the reference is the claimant's right, not the Collector's grace, and a Collector who sits on a reference application is compellable by the writ jurisdiction, the settled position under the old Section 18 carried forward.
2. The Clock
Situation | Limitation for the application |
|---|---|
The applicant was present or represented before the Collector when the award was made | Six weeks from the date of the Collector's award |
Other cases | Six weeks of the receipt of the notice of the award under Section 37, or six months from the date of the award, whichever period first expires |
Beyond the period | The Collector may entertain the application if satisfied the applicant was prevented by sufficient cause, the 2013 Act's express condonation power, which the 1894 Act lacked and whose absence produced decades of hard limitation law |
The condonation proviso is the section's quiet mercy and its examination point: under the old Act the Collector could not condone delay and the case law (Officer on Special Duty v. Shah Manilal Chandulal among others) held the period absolute; the 2013 text writes sufficient cause into the scheme, aligning the reference with the Act's beneficial character.
3. The Reference in the Remedy Scheme
- What it is not: an appeal. The Authority re-determines the referred matters on evidence, within the application's grounds; it does not sit in general superintendence over the Collector.
- Who else is heard: the Requiring Body and the other persons interested the dispute touches are noticed (Topic 74), since enhancement and apportionment move money among them.
- What can be won: enhanced market value on the Sections 26 to 30 principles, with solatium and the statutory amounts on the enhancement, interest on the excess, corrected measurement, title to the compensation, and R&R entitlements enforced, the head that makes the 2013 reference the landless family's remedy too.
- What follows: the Authority's award grounds the Section 73 re-determination for similarly placed non-applicants (Topic 75) and the Section 74 appeal to the High Court (Topic 76), so one well-fought reference can reprice a whole notification.
⚠ Key point Section 64: a person interested who has not accepted the award (protest preserves) may, by written, grounded application to the Collector, require a reference to the Authority on measurement, compensation, the persons entitled, R&R, or apportionment. Limitation: six weeks from the award if present or represented; otherwise six weeks from the Section 37 notice or six months from the award, whichever first, with the Collector's express power to condone on sufficient cause. The Collector must refer; the enquiry stays within the grounds; and the award won feeds Section 73's re-determination and Section 74's appeal. |
4. Related Topics and Provisions
- Finality of awards (Topic 35): why protest matters
- Proceedings and award (Topic 74): what happens after the reference
- Re-determination (Topic 75): the reference's ripple effect
- Appeal to the High Court (Topic 76): the next rung