SUPREME COURT OF INDIA
KULDIP SINGH, S.C. AGRAWAL AND B.P. JEEVAN REDDY, JJ.
Union of India and another, Petitioners
Versus
Pradeep Kumari and others. Respondents.
Review Petns. (Civil) Nos. 364-65 of 1992 in Civil Appeals Nos. 2320 - 21 of 1991
Decided on 10-3-1995.
Land Acquisition Act, 1894 - Section 4 - State of Punjab by the Punjab Reorganisation Act, 1966 - Section 18 - Inquiry - Amount of compensation - Petitioners are seeking review of order whereby Civil Appeals filed by petitioners have been dismissed- said Civil Appeals arose out of proceedings for acquisition of land for Beas Dam Project- Notifications issued Section Acquisition hereinafter referred Act during period in respect of lands District which was a part of erstwhile State of Punjab- After State of Punjab by Punjab said lands came to fall in State of Himachal Pradesh- Proceedings for acquisition of land thereafter conducted in State of Himachal Pradesh- awards made by Land Acquisition Collector Beas Dam Project respondents in these petitions did not seek a reference Act but other persons whose lands acquired under said notifications sought a reference- Most of these references disposed by Court prior but in some references award Court was made after enactment Land Acquisition Amendment Act hereinafter referred to Amendment Act which came into force Amendment Section was introduced in Act- According to petitioners earliest award by Court after coming into force of Amendment -Held, Contended that while re-determining amount of compensation not permissible for Collector to award interest on additional amount of compensation awarded by him for reason that Section only Court can direct payment of interest on excess amount awarded as compensation and such is conferred on Collector and therefore interest cannot be awarded Collector on additional amount of compensation determined Section It is no doubt true Section Court can direct payment of interest on excess amount awarded as compensation and Collector is not competent to award interest on additional amount compensation under said provision- But sub-section provides that after an application has been submitted Collector after conducting inquiry makes an award determining amount of compensation payable applicants any person who not accepted award may move Collector requiring that matter be referred for determination Court and provisions of have been made applicable to such reference- This would show that after an application has been submitted Section re-determination amount of compensation process of such redetermination results in making of an award by Collector and a person not accepting said award can move Collector to refer matter to Court for determination and such reference is governed by Sections - If would applicable to award that is made by Collector and it would be permissible for him to award interest on additional amount of compensation awarded by him- second contention urged therefore rejected - Petitions dismissed
JUDGMENT
S. C. AGRAWAL, J. :—By these Review Petitions the petitioners are seeking review of the order dated October 8, 1991 whereby Civil Appeals Nos. 2320-21 of 1991 filed by the petitioners have been dismissed. The said Civil Appeals arose out of proceedings for acquisition of land for the Beas Dam Project. Notifications dated January 11, 1962, April 1, 1963 and November 10, 1964 were issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) during the period 1962-64 in respect of lands in District Kangra which was a part of the erstwhile State of Punjab. After the re-organisation of the State of Punjab by the Punjab Reorganisation Act, 1966 the said lands came to fall in the State of Himachal Pradesh. Proceedings for acquisition of land were thereafter conducted in the State of Himachal Pradesh. The awards were made by the Land Acquisition Collector, Beas Dam Project, Talwara. The respondents in these petitions did not seek a reference under Section 18 of the Act but other persons whose lands were acquired under the said notifications sought a reference. Most of these references were disposed of by the Court prior to September 24, 1984 but in some references the award by the Court was made after the enactment of the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as the Amendment Act) which came into force on September 24, 1984. By the Amendment Act Section 28-A was introduced in the Act. According to the petitioners the earliest award by the Court after the coming into force of the Amendment Act was made on December 27, 1984. Awards were, however, made by the Court in pending references subsequent to December 27, 1984 also. One such award was made on February 21, 1987. Smt. Pradeep Kumari, respondent No.1, filed an application under Section 28-A for claiming the benefit of the said award dated February 21, 1987. On the said application the Collector made an order dated March 14, 1988 awarding additional amount of compensation on the basis of the award of the Court dated February 21, 1987. Feeling aggrieved by the said order of the Collector dated March 14, 1988 the petitioners filed Civil Writ Petition No. 181 of 1989 in the High Court of Himachal Pradesh, Respondent No.2 Smt. Savitri Devi, also filed an application under Section 28-A of the Act wherein she contended that the benefit of the decision of the High Court of Himachal Pradesh dated September 5, 1986 in R.F.A. No. 166 of 1977 be extended to her and the amount of compensation be enhanced on that basis under Section 28-A. The said application of respondent No.2 was dismissed by the Collector on January 29, 1987 on the view that the benefit under Section 28-A is available only on the basis of an award of the reference Court and redetermination of the amount of compensation could not be sought on the basis of the judgment of the High Court. Feeling aggrieved by the said order of the Collector respondent No.2 filed Civil Writ Petition No. 580 of 1987 in the High Court of Himachal Pradesh. In the said writ petition respondent No.2 submitted that in case she was not entitled to get enhanced compensation on the basis of the judgment of the High Court dated September 5, 1986, she may be given the benefit of Section 28-A on the basis of the award made by the reference Court on November 10, 1986.
2. Both the writ petitions were disposed of by a Division Bench of the High Court by common judgment dated October 24, 1990. On behalf of the petitioners it was submitted before the High Court that the expression award of the Court in Section 28-A of the Act means the first award made by the Court after the coming into force of the Amendment Act and as the said award was made on December 27, 1984 the applications submitted by the respondents are barred by limitation since they were submitted after expiry of the period of three months from the date of the making of the said award. The High Court rejected the said contention and hel
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