IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 415 of 2023. Date of decision : 10 .07.2025. Kailash Chand ...Petitioners. Versus LAC, HPPCL & others ...Respondents. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioners : Mr. Praveen Chandel, Advocate. For the respondents : Mr. Hamender Chandel Advocate, for respondents No. 1 and 3. Mr. Pratush Sharma, Addl. A.G., for respondents No. 2 and 4. Satyen Vaidya, Judge (Oral) Aggrieved against the refusal by Land Acquisition Collector to refer the matter under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the Act of 2013), the petitioners have approached this Court by way of the instant petition. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- 2. The petitioners primarily have challenged the impugned orders and thereby the jurisdiction of the Land Acquisition Collector in refusing to make reference under Section 64 of 2013 Act. 3. The Collector has declined to refer the matter on the ground that it was time barred. 4. The question has already been decided by this Court vide judgment dated 1.5.2023 in CMPMO No. 313 of 2021, titled as, Reta Ram vs. Land Acquisition Collector. It has been held that the Land Acquisition Collector under Section 64 of the 2013 Act cannot go into any question, whereby he renders adjudication upon the claims of the parties on merits. The scheme of 2013 Act clearly envisages that the jurisdiction to decide the application under Section 64 is with the authorities established under Section 55 of the Act and the only role assigned to the Collector is to refer the matter to appropriate authority. 5. In view of the aforesaid legal position, the petition is allowed. Order dated 21.6.2022, passed by the Collector Land Acquisition HPPCL, Uttam Bhawan, BCS, Shimla is set aside with direction to the Land Acquisition Collector to refer the -3- matters to appropriate authorities designated under Section 51 of the Act. 6. The petition is disposed of. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 10th July, 2025. (jai)