Case Note & Summary
The State of Maharashtra filed two appeals under Section 54 of the Land Acquisition Act, 1894, challenging the judgments and awards of the Reference Court (Civil Judge, Senior Division, Pune) passed in Land Acquisition References under Section 28A(3) of the Act. The respondents, whose lands were acquired for a public purpose, did not initially seek a reference under Section 18 of the Act after the Special Land Acquisition Officer declared the award under Section 11. Subsequently, they applied under Section 28A(1) for re-determination of compensation on the basis of an award passed by the Reference Court in respect of other persons whose lands were acquired from the same locality. The Reference Court allowed their applications and enhanced the compensation. The State appealed, contending that the applications were not maintainable or were barred by limitation. The High Court, per Justice Abhay S. Oka, dismissed both appeals, holding that the Reference Court had correctly applied the principle of parity and that the applications were within the limitation period of three months from the date of the Reference Court's award under Section 18. The court noted that the respondents had not filed any application under Section 18, but that did not bar them from seeking re-determination under Section 28A. The appeals were dismissed with no order as to costs.
Headnote
A) Land Acquisition - Re-determination of Compensation - Section 28A Land Acquisition Act, 1894 - Claimants who did not accept the award under Section 11 and did not seek reference under Section 18 are entitled to apply for re-determination under Section 28A(1) based on an award of the Reference Court in respect of other persons whose lands were acquired from the same locality. The Reference Court's award under Section 28A(3) is appealable. The court upheld the Reference Court's order enhancing compensation, finding no error in the application of the principle of parity. (Paras 1-5)
B) Land Acquisition - Limitation - Section 28A Land Acquisition Act, 1894 - The period of limitation for filing an application under Section 28A(1) is three months from the date of the award of the Reference Court under Section 18. In this case, the applications were filed within the prescribed period. (Para 3)
Issue of Consideration
Whether the Reference Court erred in allowing applications under Section 28A(3) of the Land Acquisition Act, 1894, for re-determination of compensation when the claimants had not filed a reference under Section 18, and whether the applications were within limitation.
Final Decision
Both appeals are dismissed. The judgments and awards of the Reference Court are confirmed. No order as to costs.
Law Points
- Section 28A of Land Acquisition Act
- 1894
- re-determination of compensation
- limitation period
- application by persons not filing reference under Section 18
- award of Reference Court as basis
Case Details
First Appeal No. 1096 of 1988 and First Appeal No. 1097 of 1988
Shri K.K. Tated, A.G.P. for the Appellants; None for the Respondents.
The State of Maharashtra, through the Special Land Acquisition Officer No.13, Pune.
Bhanudas Maruti Kadakne (in First Appeal No. 1096 of 1988) and Dhondiba Sakharam Chavan (since deceased through his LRs.) (in First Appeal No. 1097 of 1988)
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Nature of Litigation
Appeals by the State against the judgment and award of the Reference Court under Section 28A(3) of the Land Acquisition Act, 1894, enhancing compensation for land acquisition.
Remedy Sought
The State sought to set aside the Reference Court's award enhancing compensation to the respondents.
Filing Reason
The State challenged the Reference Court's order allowing re-determination of compensation under Section 28A(3) on the ground that the respondents had not filed a reference under Section 18 and that the applications were time-barred.
Previous Decisions
The Special Land Acquisition Officer passed an award under Section 11 of the Act. The respondents did not seek a reference under Section 18. Subsequently, the Reference Court passed an award under Section 18 in respect of other persons from the same locality. The respondents then applied under Section 28A(1) for re-determination, which was allowed by the Reference Court under Section 28A(3).
Issues
Whether the respondents, who did not file a reference under Section 18 of the Land Acquisition Act, 1894, are entitled to apply for re-determination of compensation under Section 28A(1) of the Act.
Whether the applications under Section 28A(1) were filed within the period of limitation.
Submissions/Arguments
The learned A.G.P. for the appellants argued that the Reference Court erred in allowing the applications under Section 28A(3) as the respondents had not filed a reference under Section 18 and the applications were barred by limitation.
No appearance was made on behalf of the respondents.
Ratio Decidendi
The right to apply for re-determination under Section 28A(1) of the Land Acquisition Act, 1894, is available to persons who have not accepted the award under Section 11 and have not sought a reference under Section 18. The limitation period of three months runs from the date of the award of the Reference Court under Section 18. The principle of parity applies to ensure equal compensation for similarly situated landowners.
Judgment Excerpts
These two Appeals can be conveniently disposed of by a common judgment.
The Respondents in the above appeals are the original claimants whose lands were acquired under the said Act.
After declaration of the Award under section 11 of the said Act, the Respondents did not file any Application for reference under section 18 of the said Act.
Subsequently the Respondents applied under section 28A(1) of the said Act for re-determination of the amount of compensation on the basis of the award passed by the Reference Court in the Land Acquisition Reference.
Procedural History
The Special Land Acquisition Officer passed an award under Section 11 of the Land Acquisition Act, 1894. The respondents did not seek a reference under Section 18. Subsequently, the Reference Court passed an award under Section 18 in respect of other persons. The respondents then applied under Section 28A(1) for re-determination. The Reference Court allowed the applications under Section 28A(3) and enhanced compensation. The State filed the present appeals under Section 54 of the Act.
Acts & Sections
- Land Acquisition Act, 1894: Section 11, Section 18, Section 28A, Section 28A(1), Section 28A(3), Section 54
