Court Fees
No court fee is payable on reference applications (1996(1) SCC 289, 2005 (4) KLT 520).
Reference application under Section 18
Who can file :
1) He must be an interested person.
2) He must not have accepted the award (i.e, he must have received payment under protest)
3) Objection should be as to the measurement of land, amount of compensation, persons to whom
which is payable or the apportionment of compensation
4) A beneficiary or government cannot file application under Section 18.
Protest
Protest may be registered in an application for payment of compensation. (1997 (1) KLT 768). The
protest should precede receipt of compensation. It may be oral; it may be made in a reference application filed
before receipt of the amount.
But if there was neither oral protest, nor protest in writing, the mere fact of filing of a reference application
on the next day of receipt of compensation does not raise an inference that there was protest. (2001(1) KLT 958
FB.). If L.A.O. is not satisfied that there was protest he cannot be compelled to make a reference. (2004(3) KLT
348 overruling 2003(1) KLT 863). If a person who receives the amount under protest does not file a reference
application no reference can be made. (1998 (2) KLT 898 and 2005 (1) KLT 583).
FORM OF APPLICATION
A letter written by the party may be treated as an application (2005(1) KLT 583) no form has been
prescribed the Act (See 2006 (3) KLT 186. R. 16 A of Kerala L.A. Rules is ultra vires).
For the effect of failure to receive compensation under protest (see -AIR 1992 SC 974).
Contents of reference application
a)
b)
c)
d)
Reference may be sought for in respect of four matters only.
Measurement of land
Amount of compensation
Person to whom compensation is payable
Apportionment of compensation
Application by post
Application may be sent by post. But it must reach the L.A.O. before the expiry of the period of limitation.
1989(2) KLT 828; 1982 KLT 466 is not good law.
Application by co-owner
A co-owner may file an application on behalf of all the co-owners, in which case all the co-owners are
entitled to enhancement (AIR 1991 SC 1966). But if it is not made on behalf of all the co-owners the co-owner
who files an application alone will get the benefit ( AIR 1992 SC 974; AIR 1996 SC 1513 & AIR 2003 SC 620).
Joint Application
Husband and wife filed joint application. This was held proper Surbuddin And Another vs State Of Kerala And Another on 23 January(1995(2) SCC 376).
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Limitation for filing application (Section 18(2)
If the person making the application was present or represented before the Collector at the time the
award was made the reference application should be filed within six weeks from the date of the award (1995 (2)
JT 572). This includes of person who shall be deemed to be present or represented (AIR 2003 SC 942). Thus, if
the claimant is represented by a counsel that is sufficient (AIR 2003 Ker.263).
In other cases, the reference application should be filed within six weeks of the receipt of the notice from
the Collector or within six months from the date of the Collector’s award, whichever period shall first expire.
Date of award
For the purpose of Section 18(2) proviso (b) the date of award is the date on which the award is
communicated to the party or the party either actually or constructively knew about the contents of the award
(AIR 1961 SC 1500, 2005(1) KLT 79, 2000 (2) KLT 777 & 2005(7) SCC 440).
When no communication is made
If no notice is issued it is sufficient for a claimant to file an application within six months from the date of
his knowledge of the contents of the award.
No notice is necessary
If the claimant is present when the award is passed, it is not necessary to issue notice. (1997 JT 123).
Reference application for re-determination of compensation (Section 28A)
This provision enables a person to file an application for reference if he did not file an application under
Section 18.
The following conditions are to be satisfied:
a). An award has been passed by the court
b) By that award the court has enhanced the compensation awarded by the Collector.
c) The applicant is interested in another land covered by the same
notification
d) The applicant did not make an application under Section 18
e) The applicant is aggrieved by the award of the Collector.
f) Application under Section 28A is filed within three months from the date of the award of the court on the
basis of which re-determination is sought.
The above conditions may be analysed in detail.
Condition No. (a)
An award has been passed by the court:
Only on the basis of a reference court award- and not an appellate award - an application under Section
28A is maintainable (AIR 1997 SC 1915)
Anyone of successive awards may be the basis for an application under Section 28A. It need not be
the first award (AIR 1995 SC 2259).
Condition No.(b)
The court has enhanced the compensation:
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Only if the court has enhanced the compensation awarded in the judgment relied on, an application
under Section 28A will lie. If in the appeal against that award the appellate court reduces the compensation the
claimant under Section 28A will get only the reduced amount (2006(2) KLT 992)
Condition No.(c)
Both properties should be covered by the same notification:
The property covered by the award relied on by the claimant and the property of the claimant should be
covered by the same notification. It is not sufficient that they are covered by the notifications of the same date
(1994 Maharashtra LJ 1414; AIR 2003 Ker. 263).
Properties should be similar
In the case coming under Section 28A also the properties of the claimant and the property covered by the
award relied on by him should be similar and similarly situated.(2002 (2) KLT 569).
Condition No.(d)
The applicant did not make an application:
To make an application means to make an effective application. A person whose application under
Section 18 has been dismissed or rejected on the ground of delay or other technical grounds is entitled to file an
application under Section 28A ( AIR 2002 SC 3240, 2003 (3) KLT 705, 2004(7)SCC 753).
Condition No.(e)
The applicant is aggrieved by the award of the Collector:
A person who had not filed an application under Section 18 is entitled to file an application under Section
28A (AIR 2002 SC 3240, AIR 2004 Ker.1).
Condition No.(f)
Application should be filed within three months:
The limitation starts from the date of the award relied on and not from the date of knowledge of that
award (1997 (2) KLT 24 SC, AIR 2003 SC 2949, 2003(3)KLT S.N.182). But the time requisite for obtaining a
copy of the award relied on may be excluded.
Only land value can be re-determined
In an application under Section 28A only value of the land can be re-determined and not of the
improvements (2004(2) KLT 716). Market value as on Section 4(1) notification should be determined (2005(1)
KLT 687).
Award on agreement
In the case of an award passed by the Collector on agreement, Section 28A cannot be invoked (2005(2)
KLT 39).
When appellate court reduces the amount
If in an appeal against the award relied on by the claimant under Section 28A the compensation is
reduced by the appellate court the claimant under Section 28A will get only the reduced amount (2006(2) KLT
992 SC).
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Payment of interest
The compensation awarded under Section 28A also will carry interest provided in Section 34 of the Act
(AIR 1995 SC 2259). Rule 12 (a)(vi)of the Kerala Rules was struck down in 2000(1) KLT 26.
Parties entitled to notice
28A.
All the interested parties including the beneficiary are entitled to notice in the proceedings under Section
Only one application can be filed
Only one application can be filed under Section 28A by a person. (AIR 1995 SC 2259, 2000(1)KLT 338).
But if an application under Section 28A is dismissed as time barred there is no bar in filing another application on
the basis of another award as the first one was not an effective one. (2003(1) KLT 813).
REFERENCE OF DISPUTE AS TO APPORTIONMENT(Sec. 30)
When there is a dispute as to the apportionment of the compensation or as to the persons entitled to it,
the Collector may refer the dispute to the court, when the Collector is not bound to refer the dispute to the court.
It is discretionary. The reference may be made either on the application of the person or by the Collector suo
motu. There is no period of limitation for filing an application under Section 30.
1.
2.
3.
4.
5.
Dr. G.H. Grant Vs. State of Bihar (AIR 1966 S.C. 237).
Inder Singh Vs. Ram Sarup (I.L.R. 1973 (2) Del. 78).
Sarjug Rai vs. Maheswari Devi (AIR 1975 Pat. 192).
Sharda Devi Vs. State of Bihar (AIR 2003 SC 942)
Meher Rusi Dalal Vs.Union of India (AIR 2004 SC.3491)
Sec.18(1)
Sec.30
1).Applicable to a party who had a right befo Applicable to a party who got right
Collector’s Award and had notice u/s.12(2) compensation after the Collector’s award or
party who had notice u/s.12(2) though he had
right before Collector’s award.
2).Application for reference necessary.
Application not necessary. L.A.O. may re
suo motu.
3).Period of time has been prescribed No period has been prescribed.
application
4).Civil Suit is barred
Civil Suit is not barred
WHAT IS REASONABLE TIME
Though no period of limitation has been prescribed for an application U/s.30, it must be filed within a
reasonable period. The reasonable time would be the time set out in Section 18(AIR 2004 SC 3491).
ACQUISITION PENDING PARTITION SUIT
If a property is acquired during the pendency of a partition suit reference U/s.30 is unnecessary (AIR
2004 Pat.26).
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ACQUISITION OF A PART OF BUILDING
(Reference under Sec. 49 (1)
If only a part of a building etc. is to be acquired, Government shall acquire the whole of the building etc. if
the owner so desires. A dispute may arise whether the acquired property is part of a building. Then the
Collector shall refer the question to the court and shall not take possession until that question is decided. No
application is necessary to invoke section 49(1) (1998 (1) KLT 511). Only the building can be acquired u/s.49(1)
and not the land (1980 KLT 59).
OBJECTION OF TENANTS
A tenant has no right to object to the exercise of the option by the owner u/s.49(1). (1993 (1) KLT 730;
2000 (3) KLT 16).
DELAY CONDONATION BY COLLECTOR
Collector is not a court. He cannot condone the delay in filing the reference application (1996 (1) KLT
S.N. 24; 1996 (2) KLT S.N.53; 2005(7) SCC 440).
REFERENCE ON THE DECISION OF L.A.O. REGARDING LIMITATION
If a L.A.O. rejects the application for reference as time barred the claimant cannot get the question of
limitation referred to the court (2000(3) KLT 71).
APPLICATION BY A PERSON WHO EXECUTED AN AGREEMENT
(Sec. 11(2) Rule (4) (5)
If an award is passed on the basis of the agreement no reference can be made. An agreement takes
away the jurisdiction of the court (AIR 1995 S.C. 225; AIR 1996 S.C. 133 & 2005(4) SCC 264).
Deposit of amount and cessation of interest (Section 34)
When the Collector deposits the amount into the court the liability of the State to pay interest ceases
(AIR 1996 SC 136; 1996(2) SCC 71).
Forwarding the records to the court (S.19)
The Collector should send a statement to the court containing the following particulars.
1.
2.
3.
4.
5.
Situation and extent of land with particulars of trees, buildings, standing crops.
Name of the persons interested in the land.
Compensation awarded and paid or tendered.
The amount paid or deposited.
The grounds on which the amount of compensation was determined.
The Collector shall attach a schedule giving particulars of notices served on the parties and the
statements filed by them.
Rule 377 of C.R.P. makes it mandatory for the Collector to send the records which form the basis for
reference. If the records are not sent up the Judge shall send for them before notice is issued.
In State of Kerala Vs. Ramachandran Nair (1995 (1) KLT 658) it is observed that sending a covering
letter by the Collector is not sufficient. He should comply with Sec.19 failing which the court shall return the
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reference as the reference is not in accordance with law. The same direction is given in the High Court Circular
No.4/1980.
NUMBERING THE REFERENCE & PARTIES
Rule 377 C.R.P
The reference shall be numbered as L.A.R. No......./........ It is the duty of the court to send notice to all
the interested parties (vide Section 20). It is clear that the parties to the reference are arrayed by the court. So it
should make sure that all the necessary parties are on the party array. The beneficiary entitled to appear and
adduce evidence (u/s.50) also shall be made a party. The Collector shall not be made a party if the reference
relates to apportionment alone. Parties to the reference other than the Collector, Company or local authority shall
be shown as claimants A, B, C etc. The Collector, the company or local authority shall be shown as respondents
A, B, C etc.
APPLICATION OF C.P.C.
(Sec.53)
Provisions of CPC are applicable unless it is inconsistent with anything containing in the L.A.Act.
NOTICE
(Sec.20)
All the interested parties, and the Collector in appropriate cases shall be issued notice (AIR 1986
S.C.1164; AIR 2002 S.C. 817). If the beneficiary is not heard the judgment is not binding on it (1990 (3) SCC.
617; 1995(2) KLT 683). The beneficiary may file an appeal or writ petition if it (the beneficiary) is not heard (AIR
1995 S.C. 724).
SERVICE OF NOTICE
(S. 45 & High Court Circular No.30/71)
1.
2.
3.
Notice shall be served by delivering or tendering a copy.
Service shall be made on the party if practicable.
If he cannot be found service may be made on any adult male member of his family residing with
him. If no such adult male member can be found notice may be affixed.
(1) On the outer door of the house in which the person ordinarily resides or
(2) Carries on business or
(3) In some conspicuous place in the office of the officer or Collector or
(4) In the Court House and in some conspicuous part of the land.
SERVICE BY POST
Notice may be served by sending it by registered post to the last known residence or place of business to
the person concerned.
SERVICE NOT THROUGH COLLECTOR
(H.C. Circular 30/71)
Process in L.A.cases shall be served through courts and should not be sent to the Collector for service.
PLEADINGS
(R. 378 C.R.P.)
The following constitute pleadings in the case.
1.
2.
The application filed by claimants for reference (plaint).
Written statement filed by the claimants on their appearance in court.
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3.
4.
The statement in reply filed by the respondent, Collector or company (written statement).
written statement.
SCOPE OF TRIAL
(S. 21 R 378 (3) C.R.P)
The trial shall be restricted to the consideration of interest of the person. The investigation shall be with
reference to the claim in the reference application.
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