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2001 Supreme(SC) 700

UMESH C.BANERJEE, A.P.MISRA
Union Of India – Appellant
Versus
Hansoli Devi – Respondent


ORDER

The issue involved in the matter under consideration pertains to Section 28-A of the Land Acquisition Act 1894 (as inserted by Act 68 of 1984). A three judges Bench of this Court in the case of Union of India and another v. Pradeep Kumari and others1 came to a conclusion that the starting point of limitation of 3 months as prescribed under Section 28-A for making application for re-determination of compensation ought to be the date of making of the award on the basis of which re-determination is sought. In Pradeep Kumari s case (supra) six conditions have been mentioned in order to enable a person to seek re-determination of the amount of compensation payable to him, and the above-noted six conditions are as below :

"(i) An award has been made by the court under Part III after the coming into force of Section 28-A;

(ii) By the said award the amount of compensation in excess of the amount awarded by the Collector under Section 11 has been allowed to the applicant in that reference;

(iii) The person moving the application under Section 28-A is interested in other land covered by the same notification under Section 4(1) to which t





















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