Case Note & Summary
The petitioners, owners of land at Mouje Kharghar, Taluka Panvel, District Raigad, challenged the award dated 16/08/2000 passed under Section 28A of the Land Acquisition Act, 1894. Their land was acquired along with others. Some of those other landowners, dissatisfied with the compensation awarded by the Land Acquisition Officer, sought a reference under Section 18, which was registered as LAR No.39/1985 in the court of District Judge, Raigad, Alibag. The Reference Court passed an award on 31/12/1987 enhancing the compensation. The petitioners then applied under Section 28A for re-determination of compensation on the basis of that award. The Special Land Acquisition Officer rejected their application, leading to the present writ petition. The main legal issue was whether the application under Section 28A was within the period of limitation. The High Court, after hearing the parties, held that the period of limitation under Section 28A(1) is three months from the date of the award of the Reference Court, and the petitioners had applied within that period. The Court found that the impugned award was contrary to law and set it aside, directing the Special Land Acquisition Officer to re-determine the compensation in accordance with law. The writ petition was allowed with no order as to costs.
Headnote
A) Land Acquisition - Re-determination of Compensation - Section 28A of Land Acquisition Act, 1894 - Petitioners' land was acquired along with others; some claimants obtained enhanced compensation via reference under Section 18 in LAR No.39/1985. Petitioners applied under Section 28A for re-determination. The Special Land Acquisition Officer rejected the application on ground of limitation. The High Court held that the application was within time as the period of limitation under Section 28A(1) is three months from the date of the award of the Reference Court, and the petitioners had applied within that period. The Court set aside the impugned award and directed re-determination of compensation in accordance with law. (Paras 1-5)
Issue of Consideration
Whether the award dated 16/08/2000 passed under Section 28A of the Land Acquisition Act, 1894 is valid and whether the petitioners are entitled to re-determination of compensation on the basis of the award in LAR No.39/1985.
Final Decision
The High Court allowed the writ petition, set aside the impugned award dated 16/08/2000, and directed the Special Land Acquisition Officer to re-determine the compensation in accordance with law. No order as to costs.
Law Points
- Section 28A of Land Acquisition Act
- 1894
- Re-determination of compensation
- Limitation for application under Section 28A
- Applicability of Section 28A to awards passed before its insertion
