Case Note & Summary
The petitioners, sons of the deceased original owner Annaji Raybhan Dabrase, owned agricultural land Survey No. 23/2 with 541 orange trees. The land was acquired by the Deputy Collector (Land Acquisition), Minor Irrigation Works, Amravati, for the Ghoddeo Minor Irrigation Project via a notification dated 09.02.2001 under Section 4 of the Land Acquisition Act, 1894. An initial Award was passed on 08.08.2003 in LAC 18/47/1997-98. Subsequently, other landowners, including Manohar Purnuji Dabarase, whose lands were also acquired, filed a Reference (LAC 167/2006) before the Civil Judge Senior Division, Amravati, which on 18.06.2010 enhanced the compensation to Rs.2565 per orange tree, totaling Rs.20,82,599/-. The petitioners then applied on 01.10.2010 under Section 28-A of the Act for redetermination of compensation at the same rate. The Deputy Collector initially passed an Award on 28.06.2019 granting enhanced compensation of Rs.28,69,883/-, but later passed a fresh Award on 26.03.2021 reducing the compensation. The petitioners challenged the 26.03.2021 Award by way of a writ petition under Article 226 of the Constitution, seeking its quashing and a direction to disburse the amount as per the 28.06.2019 Award with 15% interest. The High Court, after hearing both sides, allowed the petition, quashed the 26.03.2021 Award, and directed the Deputy Collector to disburse Rs.28,69,883/- with interest at 15% per annum from the date of the application (01.10.2010) till realization.
Headnote
A) Land Acquisition - Redetermination of Compensation - Section 28-A of the Land Acquisition Act, 1894 - Petitioners' land and orange trees were acquired under the Act; a Reference Court enhanced compensation to Rs.2565 per orange tree; petitioners applied under Section 28-A for similar enhancement; the Deputy Collector initially passed an Award on 28.06.2019 granting enhanced compensation but later passed a fresh Award on 26.03.2021 reducing the compensation; the High Court held that the petitioners are entitled to the benefit of Section 28-A and quashed the later Award, directing disbursement of the enhanced amount with interest at 15% per annum from the date of application (Paras 3-8).
Issue of Consideration
Whether the petitioners are entitled to redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, based on the enhanced compensation awarded by the Reference Court in a similar acquisition, and whether the subsequent Award dated 26.03.2021 denying such enhancement is sustainable.
Final Decision
The High Court allowed the writ petition, quashed and set aside the Award dated 26.03.2021 passed by respondent 3, and directed respondent 3 to disburse an amount of Rs.28,69,883/- as per the Award dated 28.06.2019 with interest at the rate of 15% per annum from the date of application (01.10.2010) till its realization. Rule made absolute accordingly.
Law Points
- Section 28-A of the Land Acquisition Act
- 1894
- Right to seek redetermination of compensation
- Entitlement to enhanced compensation based on Reference Court award
- Interest on delayed payment
Case Details
2023 LawText (BOM) (01) 338
Writ Petition (WP) 1218/2022
Rohit B. Deo, Y.G. Khobragade
Mr. S.S. Shingane for petitioners, Mr. N.S. Rao AGP for respondents
Dnyaneshwar S/o Annaji Dabarase and Kishor S/o Annaji Dabarase
State of Maharashtra, Collector Amravati, Deputy Collector (Land Acquisition) Minor Irrigation Works Amravati, District Water Conservation Officer Amravati
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an Award passed under the Land Acquisition Act, 1894, and seeking direction for disbursement of compensation.
Remedy Sought
Quashing of Award dated 26.03.2021 passed by respondent 3 and direction to respondent 3 to disburse Rs.28,69,883/- as per Award dated 28.06.2019 with interest at 15% per annum.
Filing Reason
The Deputy Collector passed a fresh Award on 26.03.2021 reducing the compensation that was earlier enhanced under Section 28-A of the Land Acquisition Act, 1894.
Previous Decisions
Initial Award on 08.08.2003 in LAC 18/47/1997-98; Reference Court Award on 18.06.2010 in LAC 167/2006 enhancing compensation to Rs.2565 per orange tree; Deputy Collector's Award on 28.06.2019 granting enhanced compensation of Rs.28,69,883/-; subsequent Award on 26.03.2021 reducing compensation.
Issues
Whether the petitioners are entitled to redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894 based on the Reference Court's enhanced award.
Whether the Award dated 26.03.2021 passed by the Deputy Collector is sustainable.
Submissions/Arguments
Petitioners submitted that they are owners of agricultural field Survey No. 23/2 with 541 orange trees acquired for Ghoddeo Minor Irrigation Project vide notification dated 09.02.2001 under Section 4 of the Land Acquisition Act, 1894. An initial Award was passed on 08.08.2003. Other landowners' lands were also acquired and Reference LAC 167/2006 was filed, resulting in enhanced compensation of Rs.2565 per orange tree on 18.06.2010. Petitioners applied under Section 28-A on 01.10.2010. The Deputy Collector passed an Award on 28.06.2019 granting enhanced compensation of Rs.28,69,883/-, but later passed a fresh Award on 26.03.2021 reducing the compensation. Petitioners seek quashing of the later Award and disbursement of the enhanced amount with interest.
Respondents opposed the petition, but the judgment does not detail their specific arguments.
Ratio Decidendi
Under Section 28-A of the Land Acquisition Act, 1894, a person whose land is acquired and who did not seek a reference is entitled to apply for redetermination of compensation based on the enhanced compensation awarded by the Reference Court in a similar acquisition. The Deputy Collector's subsequent Award reducing the compensation was unsustainable, and the petitioners were entitled to the enhanced amount with interest.
Judgment Excerpts
By the present petition under Article 226 of the Constitution of India, the petitioners pray for quash and set aside the Award dated 26.03.2021 passed by respondent 3 – Deputy Collector (Land Acquisition), Minor Irrigation Works, Amravati.
The petitioners are the owners of agricultural field Survey No. 23/2 alongwith 541 orange trees which the respondent 3 – Deputy Collector acquired for Ghoddeo Minor Irrigation Project vide Notification dated 09.02.2001 issued under Section 4 of the Land Acquisition Act, 1894.
The petitioners filed an application on 01.10.2010 under Section 28-A of the Act of 1894 and prayed for compensation at the rate of Rs.2565/- per orange tree.
The Deputy Collector passed an Award on 28.06.2019 granting enhanced compensation of Rs.28,69,883/-, but later passed a fresh Award on 26.03.2021 reducing the compensation.
The petition is allowed. The Award dated 26.03.2021 passed by respondent 3 is quashed and set aside. Respondent 3 is directed to disburse an amount of Rs.28,69,883/- as per Award dated 28.06.2019 with interest at the rate of 15% per annum from the date of application i.e. 01.10.2010 till its realization.
Procedural History
The land was acquired vide notification dated 09.02.2001 under Section 4 of the Land Acquisition Act, 1894. An initial Award was passed on 08.08.2003. Other landowners filed Reference LAC 167/2006, and the Reference Court enhanced compensation on 18.06.2010. Petitioners applied under Section 28-A on 01.10.2010. The Deputy Collector passed an Award on 28.06.2019 granting enhanced compensation, but later passed a fresh Award on 26.03.2021 reducing it. Petitioners filed the present writ petition on an unspecified date, which was heard and allowed on 07.02.2023.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 28-A
- Constitution of India: Article 226
