Section 28A of the Land Acquisition Act, 1894 – Maintainability of Application for re-determination of compensation
Judgment dated 22.12.2023 in Writ Petition No.10028 of 2022 of Bhagirathibai Shivgonda Patil and others Vs. The State of Maharashtra and others.
On 3.10.1991, section 4 notification was issued in respect of land of the petitioners along with other lands.
On 12.9.1994, the common Award was passed.
In 1995, the petitioners filed LA Reference No.35 of 1995 under Section 18 of 1894 Act.
On 31.12.2001, the District Court, Solapur, partly allowed the reference. However, in other two references of other land owners covered by the same common Award, the compensation was determined on the basis of their lands had N.A. potentiality.
On 7.4.2011, in the application under Section 28A(3) of LA Act, 1894, the land owners of lands adjacent to the land of the petitioner, the compensation was re-determined.
The petitioners, therefore, filed First Appeal in 2011 in the High Court but it was dismissed for delay.
Thereafter, in 2021, the High Court granted enhanced compensation in case of other acquired lands.
On 17.2.2021, the petitioners filed application under Section 28A for re-determination of the compensation.
This was rejected by the order dated 20.1.2022 on the ground that the re-determination was sought on the basis of Award of National Lok Adalat and therefore, section 28A application was not maintainable.
HELD that section 28A application is not maintainable after filing reference under Section 18 was made, securing an order for such reference was made and such an order attaining finality.
