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1997 Supreme(SC) 924

K.RAMASWAMY, D.P.WADHWA
Tota Ram – Appellant
Versus
State Of U. P. – Respondent


ORDER

This special leave petition arises from the judgment of the High Court of Allahabad, made on November 19, 1996 in Writ Petition No. 12843/94.

2. Admittedly, on reference under Section 18 of the Land Acquisition Act, 1894 (for short, the "Act"), the reference Court passed its award and decree on May 18, 1990. The petitioner filed an application under Section 28-A of the Act on July 22, 1992 stating that he came to know on 19th July, 1992 that in another reference compensation for the lands had been enhanced and claimed compensation at the said enhanced rates as he had filed application under proviso to Section 28-A of the Act within three months of his knowledge. The Collector as well as the High Court have negatived the contention. The question that arises for consideration is whether the limitation for the purpose of application under Section 28-A of the Act begins to start from the date of the Knowledge, Section 28-A reads as under :

"28-A Re-determination of the amount of compensation on the basis of the award of the court - (1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector unde







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