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2016 (1) TMI 1275 - KERALA HIGH COURTDetermination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Held that:- A perusal of Section 64(1) clearly indicates that reference under Section 64(1) is to be made with regard to various factors which are contemplated under the 2013 Act. The phrase “Rehabilitation and Resettlement under Chapters V and VI” is used in the 2013 Act. Hence, if the award is not acceptable to a person, remedy under Section 64(1) is available to him. There is no occasion for such person to file a reference under Section 18 of the 1894 Act. Hence the submission of the learned Government Pleader that the petitioner had to make a reference under Section 18, has to be rejected. The learned Government Pleader also does not dispute the statutory scheme as delineated under Section 96 and submits that a direction can be issued by this Court for payment of the amount without any deduction towards income tax. In view of the foregoing discussion, interests of justice would be served, in disposing of the writ appeal with the following directions: i) The appellant, without accepting the award, shall be paid the amount as compensation under Annexure R2(c) without any deduction towards income tax. ii) The District Collector shall effect the necessary payment in terms of the award without any deduction towards income tax within a period of four weeks from today. iii) The petitioner shall make a reference under Section 64 of the 2013 Act within a period of six weeks from today, in view of the fact that we have held Annexure R2(c) as an award under the 2013 Act.
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