Section 63 and 64 of Land Acquisition Act 2013: Civil Court Bar and Reference to Authority

Sections 63 and 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 define the special dispute-resolution route for land acquisition matters. Section 63 limits ordinary civil court jurisdiction, while Section 64 enables a person interested who has not accepted an award to seek a reference to the Land Acquisition, Rehabilitation and Resettlement Authority.

Section 63 - Jurisdiction of civil courts barred

Section 63

Statutory provision

No civil court, other than the High Court exercising jurisdiction under Article 226 or Article 227 of the Constitution or the Supreme Court, has jurisdiction to entertain a land acquisition dispute in respect of a matter which the Collector or the Authority is empowered to determine under the Act. The section also bars the grant of an injunction by any court in respect of such a matter.

Meaning of Section 63

Section 63 creates a statutory bar against ordinary civil court adjudication where the dispute concerns land acquisition and the Act entrusts the matter to the Collector or the Authority. Its purpose is to channel disputes into the special mechanism created by the 2013 Act instead of allowing parallel civil suits over matters assigned to those statutory authorities.

The provision expressly preserves the constitutional jurisdiction of a High Court under Articles 226 and 227 and does not exclude the Supreme Court. Article 226 concerns the High Court's power to issue specified writs, directions and orders, while Article 227 gives every High Court superintendence over courts and tribunals within its territorial jurisdiction, subject to the Constitution.

Practical point: The bar in Section 63 is linked to the subject matter. It applies where the Collector or the Authority is empowered by or under the 2013 Act to deal with the land acquisition dispute. The appropriate statutory remedy and the nature of the particular dispute should therefore be identified before proceedings are instituted.

Section 64 - Reference to Authority

Section 64

Who may seek a reference?

A person interested who has not accepted the award may make a written application to the Collector requiring the matter to be referred for determination by the Authority.

What objections may be referred?

measurement of the land;
amount of compensation;
the person to whom compensation is payable;
rights of Rehabilitation and Resettlement under Chapters V and VI; or
apportionment of compensation among persons interested.

Collector's 30-day period

On receipt of the application, the Collector is required to make the reference to the appropriate Authority within thirty days. If the Collector does not make the reference within that period, the applicant may approach the Authority and request it to direct the Collector to make the reference within thirty days.

Application must state the grounds of objection

Section 64(2) requires the application to state the grounds on which the award is objected to. The grounds should therefore identify the aspect of the award disputed by the applicant, such as measurement, compensation, entitlement, Rehabilitation and Resettlement rights or apportionment.

Time limit for an application under Section 64

Situation	Statutory period
Applicant was present or represented before the Collector when the award was made	Within six weeks from the date of the Collector's award.
Other cases	Within six weeks from receipt of notice from the Collector under Section 21, or within six months from the date of the Collector's award, whichever period first expires.
Delay supported by sufficient cause	The Collector may entertain the application after the ordinary period, within a further period of one year, if satisfied that sufficient cause prevented filing within the prescribed period.

Meaning of important expressions

Person interested

Section 3(x) of the 2013 Act defines "person interested" broadly. It includes persons claiming an interest in compensation payable on account of acquisition, specified tribal and traditional forest-right holders, persons having an interest in an easement affecting the land, persons having tenancy rights under relevant State laws, and persons whose primary source of livelihood is likely to be adversely affected.

Collector

Under Section 3(g), "Collector" means the Collector of a revenue district and includes specified officers specially designated by the appropriate Government to perform the functions of a Collector under the Act.

Authority

Section 51 provides for establishment by the appropriate Government of one or more Land Acquisition, Rehabilitation and Resettlement Authorities for speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement. The notified territorial jurisdiction of an Authority covers references under Section 64 and applications under the second proviso to Section 64(1).

Section 63 and Section 64 read together

Sections 63 and 64 form complementary parts of the statutory dispute-resolution scheme. Section 63 directs disputes entrusted to the Collector or Authority away from ordinary civil courts, while Section 64 provides the reference mechanism for a person interested who does not accept the award. The nature of the objection, the statutory forum and the applicable limitation period are therefore central to the remedy.

Section 64 procedure at a glance

A person interested does not accept the Collector's award.
A written application stating the grounds of objection is made to the Collector within the applicable statutory period.
The Collector is required to refer the matter to the appropriate Authority within thirty days.
If the Collector fails to do so, the applicant may apply to the Authority for a direction requiring the Collector to make the reference.
The Authority determines the referred dispute in accordance with the 2013 Act.