Case Note & Summary
The dispute arose from an application filed under Section 28A of the Land Acquisition Act, 1894 by the respondents, whose predecessors had their lands acquired in 1977. The respondents sought to invoke Section 28A after a High Court decision in a related appeal in 2022, which the appellants contested on grounds of maintainability and limitation. The High Court had previously ruled that benefits under Section 28A could arise from any award made after the introduction of the section, not just the first award. The Supreme Court analyzed various precedents, including Union of India v. Pradeep Kumari and Banwari v. Haryana State Industrial and Infrastructure Development Corporation, to clarify that the limitation for invoking Section 28A begins from the date of the Reference Court's award. The court found that the respondents' application was filed too late, as it was based on an appellate order rather than a direct award from the Reference Court. Ultimately, the Supreme Court allowed the appeal, setting aside the High Court's order and rejecting the application under Section 28A, emphasizing the importance of adhering to statutory timelines for such applications.
Headnote
A) Land Acquisition - Application under Section 28A - Limitation Period - The limitation for filing an application under Section 28A commences from the date of the award made by the Reference Court, not from an appellate order. The court held that the application was barred by limitation as it was filed beyond the three-month period from the relevant award date (Paras 35-35).
Issue of Consideration
Whether the application under Section 28A of the Land Acquisition Act was maintainable given the circumstances of the case and the timing of the application.
Final Decision
The Supreme Court allowed the appeal, setting aside the impugned order and rejecting the application under Section 28A of the Act of 1894, emphasizing that the limitation for such applications begins from the date of the Reference Court's award.
Law Points
- Land Acquisition
- Section 28A
- Limitation Period
- Successive Awards
- Reference Court
