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1995 Supreme(SC) 1135

B.L.HANSARIA, K.RAMASWAMY
Jose Antonio Cruz Dos R. Rodriguese – Appellant
Versus
Land Acquisition Collector – Respondent


Advocates:
AMAN VACHHER, Dhruv Mehta, Fazlin Ahmed, S.K.MEHTA

Judgement Key Points

The case involves a dispute concerning the calculation of compensation for land acquired under a government notification. The petitioner, represented by counsel, contends that the notification was published and an initial award was made determining compensation for a specific land parcel. Subsequently, multiple awards and judgments were issued for additional lands acquired under the same notification, with varying compensation amounts. The petitioner argues that these successive awards, including judgments and decrees from higher courts, establish a right and cause of action to file an application for re-determination of compensation under a specific legal provision, regardless of delays or limitations. The core issue revolves around whether the period of limitation for making such an application begins from the date of the first award or from subsequent awards, and whether successive awards can be considered as giving a new cause of action. The case also raises questions about the interpretation of the relevant legal provisions governing the limitation period for applications related to land acquisition compensation. The matter is considered significant enough to warrant a larger bench of five judges due to its broad implications across multiple cases.


( 1 ) SRI Mehta, learned counsel appearing for the petitioners contends that Notification under Section 4 (1) of Land Acquisition Act, 1984 (for short, the Act) was published on 3-10-1969 and the award under Section 11 was made in the case of his clients on 2/08/1972 determining compensation under Section 23 (1) at Rs. 1. 25 per sq. mt. for plot No. 23 admeasuring 24721 sq. mts. Subsequently, successive awards for other lands acquired under the same notification were made, on 4/06/1985 at Rs. 5. 00 pler sq. mt. , on 14/10/1985 at Rs. 9. 00 per sq. mt. and another judgment and decree on 31/08/1987 by the High Court in Appeal No. 11/86 uniformly fixing the compensation at Rs. 5. 00 per sq. mt. Yet another reference under Section 18 was decided on 27/07/1989 by the Reference Court at Rs. 5. 00 per sq. mt. Though he filed the application on 13-5-1987, in view of the decision of this Court in Union of India v. Pradeep Kumari, (1995) 2 SCC 736 : (1995 AIR SCW 1834) any one of the awards or each successive award including the judgment and decree of the High Court would give right and cause of action to the petitioner-claimant to make application under Section 28-A. So, it cannot be dismis











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