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2002 Supreme(SC) 916

D.M.DHARMADHIKARI, S.N.VARIAVA, M.B.SHAH, G.B.PATTANAIK, DORAISWAMY RAJU
Union Of India – Appellant
Versus
Hansoli Devi – Respondent


JUDGMENT

Pattanaik, J.-In this bunch of cases, the provisions of Section 28-A of the Land Acquisition Act, 1894 [hereinafter referred to as the Act ], crop up for consideration. Two learned Judges of this Court, in course of hearing of Civil Appeal No. 9477 of 1994 (Union of India & Anr. Vs. Smt. Hansali Devi & Ors.), formulated two questions to be answered by a larger Bench. The said questions are:

"1. (a) Whether dismissal of an application seeking reference under Section 18 on the ground of delay amounts to "not filing an application" within the meaning of Section 28-A of the Land Acquisition Act, 1894?

(b) Whether a person whose application under Section 18 of the Land Acquisition Act, 1894 is dismissed on the ground of delay or any other technical ground is entitled to maintain an application under Section 28-A of the Land Acquisition Act?

2. Whether a person who has received the compensation without protest pursuant to the award of the Land Acquisition Collector and has not filed an application seeking reference under Section 18 is "a person aggrieved" within the meaning of Section 28-A?"

2. According to the learned Jud





























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