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2026 Supreme(SC) 319

M. M. SUNDRESH, NONGMEIKAPAM KOTISWAR SINGH
Andanayya – Appellant
Versus
Deputy Chief Engineer – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Chandrashekhar A. Chakalabbi, Adv. Mr. S.k Pandey, Adv. Mr. Anshul Rai, Adv. For M/s Dharmaprabhas Law Associates, AOR
For the Respondent(s): Mr. Vikramjeet Banerjee, ASG Mrs. V. Mohana, Sr. Adv. Mr. Amrish Kumar, AOR Mr. Ankolekar Gurudatta, AOR Ms. Shephali, Adv. Mr. Sorokhaibam Shanti Jyoti Singh, Adv.

Judgement Key Points

Key Points: - The Supreme Court held that landowners can seek re-determination of compensation under Section 28-A of the Land Acquisition Act based on any applicable court award, including appellate court awards (!) (!) . - The Court clarified that the doctrine of merger applies, meaning an appellate award supersedes earlier awards, making the latter applicable for compensation re-determination under Section 28-A (!) (!) (!) . - The judgment emphasized the principle of equitable compensation for similarly placed individuals, aiming to avoid discrimination (!) (!) (!) . - The Court overruled the decision in Ramsingbhai Jerambhai, stating that re-determination under Section 28-A is not restricted to awards of original jurisdiction courts but can include appellate court judgments (!) (!) (!) . - A second application under Section 28-A, seeking re-determination based on a higher appellate court award, is maintainable even if an earlier application was based on a Reference Court award (!) . - The object of Section 28-A is to ensure equality in compensation for similarly placed landowners, and procedural technicalities should be avoided to achieve this (!) (!) . - The Court directed the re-determination of compensation based on the latest High Court award within eight weeks (!) (!) (!) . - The decision in Union of India v. Pradeep Kumari was reaffirmed, emphasizing that Section 28-A is a beneficent provision to remove inequality (!) (!) . - The Court found that the Division Bench of the High Court erred in relying on Ramsingbhai Jerambhai without considering Pradeep Kumari (!) . - The appeals were allowed, setting aside the impugned judgment and the order of rejection by the Collector (!) (!) .

What is the scope of Section 28-A of the Land Acquisition Act, 1894, regarding re-determination of compensation based on appellate court awards?

What is the applicability of the doctrine of merger in relation to Section 28-A of the Land Acquisition Act, 1894?

What are the rights of landowners seeking re-determination of compensation under Section 28-A of the Land Acquisition Act, 1894, when multiple awards exist?


Table of Content
1. land acquisition and compensation determination. (Para 2 , 4 , 5 , 6 , 7)
2. arguments on application of previous judgments. (Para 10 , 11)
3. court's analysis of compensation under section 28-a. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 27 , 28)
4. importance of maintaining equality through section 28-a. (Para 24 , 25 , 26)
5. final decision and order from the supreme court. (Para 29 , 30)

JUDGMENT :

M.M. SUNDRESH, J.

1. Leave granted.

2. The appellants in the present appeals are the landowners who have lost their land in the acquisition proceedings. They are aggrieved by the impugned judgment of the Division Bench of the High Court of Karnataka, wherein the second application filed by them before the Collector, seeking re-determination of compensation, has been rejected. The appellants had earlier sought re-determination of compensation on the basis of the award of the Reference Court and now seek further re-determination on parity with similarly placed landowners, in whose favor the High Court was pleased to pass an enhanced award.

3. We have heard the learned counsel appearing for the appellants and the learned Additional Solicitor General of I

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