Case Note & Summary
The petitioners' land was acquired by the State for a storage lake along with other lands. An award under Section 11 of the Land Acquisition Act, 1894 was made on 26 February 2010, and compensation was paid. One landholder, Sangappa Irappa Dabare, filed a Land Acquisition Reference (LAR No.18 of 2011) before the Joint Civil Judge, Senior Division, Solapur, which was taken before a Lok Adalat. On 13 December 2014, the Lok Adalat made an award by compromise for enhanced compensation. Based on this award, the petitioners applied under Section 28A(1) of the LA Act for enhanced compensation for their lands covered by the same notification. The Sub-Divisional Officer rejected the application on 10 November 2015, holding that the decision in LAR No.18 of 2011 was restricted to that case and that the lands were from different groups. The petitioners challenged this order, arguing that the Lok Adalat award is a deemed decree of the reference court under Section 21 of the Legal Services Authorities Act, 1987, and thus Section 28A could be invoked. The High Court examined the nature of a Lok Adalat award and held that it is not an award of the court under Part III of the Land Acquisition Act. The Court reasoned that Section 28A requires an award of the court under Part III, which is a judicial determination after a reference under Section 18. A Lok Adalat award is a compromise decree under Section 21 of the Legal Services Authorities Act, not a decision on merits by a court. Therefore, the petitioners could not rely on the Lok Adalat award to seek redetermination under Section 28A. The petition was dismissed.
Headnote
A) Land Acquisition - Redetermination of Compensation - Section 28A of Land Acquisition Act, 1894 - Lok Adalat Award - The issue was whether a Lok Adalat award can be treated as an award of the court under Part III of the Land Acquisition Act for invoking Section 28A. The Court held that a Lok Adalat award is not an award of the court under Part III of the Act, as it is a compromise decree under Section 21 of the Legal Services Authorities Act, 1987, and not a judicial determination on merits. Therefore, Section 28A cannot be invoked based on such an award. (Paras 1-16)
Issue of Consideration
Whether an award passed by a Lok Adalat can be considered an award of the court under Part III of the Land Acquisition Act, 1894 for the purposes of Section 28A of that Act.
Final Decision
The petition is dismissed. The order of the Sub-Divisional Officer rejecting the application under Section 28A is upheld.
Law Points
- Lok Adalat award is not an award of the court under Part III of the Land Acquisition Act
- 1894 for purposes of Section 28A
- Section 28A of Land Acquisition Act
- 1894
- Section 21 of Legal Services Authorities Act
- 1987
Case Details
2021 LawText (BOM) (06) 17
WRIT PETITION NO. 3110 OF 2016
Ashok B. Tajane for Petitioners, Mr.Ashutosh A. Kumbhakoni, Advocate General with Mr.Akshay Shinde, Mrs.Madhubala Kajle, B. Panel Counsel, Ms.Pushapalata Diwan, AGP for Respondent Nos.1 to 3
Smt.Umadevi Rajkumar Jeure & Ors.
The District Collector, Solapur & Ors.
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Nature of Litigation
Writ petition challenging order of Sub-Divisional Officer rejecting application under Section 28A of Land Acquisition Act, 1894 for enhanced compensation.
Remedy Sought
Petitioners sought directions for conducting a fresh inquiry under Section 28A of the Land Acquisition Act, 1894 for enhanced compensation based on a Lok Adalat award in another landholder's case.
Filing Reason
Petitioners' application under Section 28A was rejected by Sub-Divisional Officer on the ground that the Lok Adalat award was restricted to that case and lands were from different groups.
Previous Decisions
Sub-Divisional Officer's order dated 10 November 2015 rejecting the application.
Issues
Whether an award passed by a Lok Adalat can be considered an award of the court under Part III of the Land Acquisition Act, 1894 for the purposes of Section 28A of that Act.
Submissions/Arguments
Petitioners argued that the Lok Adalat award is a deemed decree of the reference court under Section 21 of the Legal Services Authorities Act, 1987, and thus Section 28A could be invoked by other landholders.
Respondents contended that the Lok Adalat award is not an award of the court under Part III of the Land Acquisition Act and cannot be the basis for an application under Section 28A.
Ratio Decidendi
A Lok Adalat award is not an award of the court under Part III of the Land Acquisition Act, 1894 for the purposes of Section 28A. Section 28A requires an award of the court under Part III, which is a judicial determination after a reference under Section 18. A Lok Adalat award is a compromise decree under Section 21 of the Legal Services Authorities Act, 1987, and not a decision on merits by a court. Therefore, such an award cannot be relied upon by other landholders to seek redetermination of compensation under Section 28A.
Judgment Excerpts
This petition challenges an order passed by Sub-Divisional Officer, Solapur on an application under Section 28A of the Land Acquisition Act, 1894 and seeks directions for conducting a fresh inquiry under that Section.
The petition raises a substantial question of law, namely, whether an award passed by a Lok-Adalat can be considered an award of the court under Part III of the Land Acquisition Act for the purposes of Section 28A of that Act.
Procedural History
Award under Section 11 of LA Act on 26 February 2010. LAR No.18 of 2011 filed before Joint Civil Judge, Senior Division, Solapur. Lok Adalat award on 13 December 2014. Petitioners' application under Section 28A on 2 March 2015. Rejected by Sub-Divisional Officer on 10 November 2015. Writ Petition filed in 2016. Judgment on 24 June 2021.
Acts & Sections
- Land Acquisition Act, 1894: Section 11, Section 12(2), Section 18, Section 28A, Part III
- Legal Services Authorities Act, 1987: Section 21
