Case Note & Summary
The petitioner, Sk. Allauddin, owned agricultural land bearing Gat No. 25 at Ellora, which was acquired by a notification dated 12.03.1991 under Section 4 of the Land Acquisition Act, 1894 for the Ellora Development Tourism plan. The Special Land Acquisition Officer passed an award under Section 11 on 15.09.1992. The petitioner objected to the compensation and sought a reference, which was numbered as Land Acquisition Reference No.332/1998 but was dismissed. Subsequently, other landowners whose lands were similarly acquired obtained higher compensation through references. The petitioner then filed an application under Section 28A of the Act on 20.12.2004, seeking redetermination of compensation on the basis of the higher award. The Collector did not pass any award on this application. The petitioner filed a writ petition seeking directions to the respondents to consider his application and pass an award. The court noted that the application was filed within the limitation period of three months from the date of the award in the reference case. The court held that Section 28A confers a right on the person interested to seek redetermination, and the Collector is duty-bound to consider the application and pass an award. There is no time limit prescribed for the Collector to pass the award after receiving the application. The court directed the respondents to consider the petitioner's application and pass an appropriate award within three months from the date of the order. The petition was allowed with no order as to costs.
Headnote
A) Land Acquisition - Redetermination of Compensation - Section 28A of the Land Acquisition Act, 1894 - Petitioner's land was acquired under Section 4 notification dated 12.03.1991 and award under Section 11 was passed on 15.09.1992 - Petitioner filed objections and reference was dismissed - Subsequently, other landowners obtained higher compensation in reference - Petitioner applied under Section 28A within limitation but Collector did not pass award - Court held that the Collector is bound to consider the application and pass an award, and failure to do so violates the petitioner's right - Directions issued to consider and decide the application within three months (Paras 1-8).
Issue of Consideration
Whether the petitioner is entitled to have his application under Section 28A of the Land Acquisition Act, 1894 considered and an award passed thereon, despite the Collector's failure to act within any prescribed period.
Final Decision
The petition is allowed. The respondents are directed to consider the application filed by the petitioner under Section 28A of the Land Acquisition Act, 1894 and pass an appropriate award within three months from the date of the order. Rule is made absolute accordingly. No order as to costs.
Law Points
- Section 28A of the Land Acquisition Act
- 1894
- Right to seek redetermination of compensation
- Duty of Collector to consider application within limitation
- No time limit for passing award after application
