Case Note & Summary
The petitioners were owners of lands acquired under the Land Acquisition Act, 1894. An award under Section 11 was made in 1988. In 1999, they filed applications under Section 28A(1) seeking redetermination of compensation based on a common judgment and award of the District Court dated 31 December 1998 in Land Acquisition Reference No.282 of 1991 and connected references. The State Government had challenged that common award by filing first appeals in the High Court, which were pending. The grievance was that the Special Land Acquisition Officer kept the Section 28A applications pending solely on the ground of pendency of those appeals. The petitioners pointed out that other claimants had their applications decided and compensation paid based on a government circular dated 25 March 1998. The substantive relief sought was a direction to pay compensation as per the reference court award, or alternatively, a mandamus to dispose of the Section 28A applications. In reply, the Special Land Acquisition Officer relied on a circular dated 21 August 1999, which referred to the Supreme Court decision in Babua Ram v. State of U.P. and stated that earlier circulars of 20 October 1998 and 25 March 1998 provided that Section 28A applications should be decided subject to the claimants furnishing a bank guarantee for the compensation amount. The High Court held that the pendency of appeals is not a valid ground to keep Section 28A applications pending. The court directed the Special Land Acquisition Officer to decide the applications in accordance with law, preferably within three months, and if necessary, subject to the condition of furnishing a bank guarantee as per the circulars. The petition was disposed of accordingly.
Headnote
A) Land Acquisition - Section 28A Application - Pendency of Appeal - The Special Land Acquisition Officer cannot keep applications under Section 28A(1) of the Land Acquisition Act, 1894 pending merely because appeals against the reference court award are pending. The officer must decide the applications in accordance with law, and if necessary, subject to the condition of furnishing a bank guarantee as per government circulars. (Paras 1-5)
Issue of Consideration
Whether the Special Land Acquisition Officer can keep applications under Section 28A(1) of the Land Acquisition Act, 1894 pending solely on the ground that appeals against the reference court award are pending before the High Court.
Final Decision
The High Court directed the Special Land Acquisition Officer to decide the applications under Section 28A(1) of the Land Acquisition Act, 1894 in accordance with law, preferably within three months, and if necessary, subject to the condition of furnishing a bank guarantee as per the circulars. The petition was disposed of.
Law Points
- Section 28A of the Land Acquisition Act
- 1894
- pendency of appeal
- redetermination of compensation
- circulars
- bank guarantee
Case Details
2014 LawText (BOM) (02) 86
Writ Petition No.3955 of 2006
Shri A.V. Chatuphale for the Petitioners, Shri V.S. Gokhale, AGP for Respondents
Dattu Dagadu Bhagat and Ors.
State of Maharashtra & Others
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Nature of Litigation
Writ petition seeking direction to decide applications under Section 28A(1) of the Land Acquisition Act, 1894 for redetermination of compensation.
Remedy Sought
Petitioners sought a direction to respondents to pay compensation as per the award of the Reference Court in Land Acquisition Reference No.282 of 1991, or alternatively, a writ of mandamus directing the Special Land Acquisition Officer to dispose of their applications under Section 28A(1) of the Act.
Filing Reason
The Special Land Acquisition Officer kept the petitioners' Section 28A applications pending solely on the ground that appeals against the reference court award were pending in the High Court.
Previous Decisions
An award under Section 11 of the Land Acquisition Act was made in 1988. The District Court made a common judgment and award on 31 December 1998 in Land Acquisition Reference No.282 of 1991 and connected references. The State Government filed first appeals against that common award, which were pending.
Issues
Whether the Special Land Acquisition Officer can keep applications under Section 28A(1) of the Land Acquisition Act, 1894 pending solely on the ground of pendency of appeals against the reference court award.
Submissions/Arguments
Petitioners argued that their Section 28A applications were kept pending only because of pending appeals, while other claimants had their applications decided and compensation paid based on a government circular dated 25 March 1998.
Respondents relied on a circular dated 21 August 1999, which referred to the Supreme Court decision in Babua Ram v. State of U.P. and stated that earlier circulars provided that Section 28A applications should be decided subject to furnishing a bank guarantee.
Ratio Decidendi
The pendency of appeals against the reference court award is not a valid ground to keep applications under Section 28A(1) of the Land Acquisition Act, 1894 pending. The Special Land Acquisition Officer must decide such applications in accordance with law, and may impose conditions such as furnishing a bank guarantee as per government circulars.
Judgment Excerpts
The grievance made in the Petition is that only on the ground of pendency of the Appeals in this Court, the Applications made by the Petitioners under Subsection (1) of Section 28A of the said Act have been kept pending.
The substantive relief claimed in this Petition is for a direction to the Respondents to pay compensation as per the award of the Reference Court in Land Acquisition Reference No.282 of 1991.
Procedural History
Award under Section 11 of the Land Acquisition Act, 1894 was made in 1988. The District Court made a common judgment and award on 31 December 1998 in Land Acquisition Reference No.282 of 1991. The State Government filed first appeals against that award, which were pending. In 1999, the petitioners filed applications under Section 28A(1) for redetermination of compensation. The Special Land Acquisition Officer kept those applications pending due to the appeals. The petitioners filed the present writ petition in 2006 seeking directions.
Acts & Sections
- Land Acquisition Act, 1894: Section 11, Section 18, Section 28A(1), Section 28A(2)
