M. M. SUNDRESH, NONGMEIKAPAM KOTISWAR SINGH
Andanayya – Appellant
Versus
Deputy Chief Engineer – Respondent
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 (!) (!) .
| 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
Ramsingbhai Jerambhai v. State of Gujarat
Union of India v. Pradeep Kumari
Bharatsing v. State of Maharashtra
Surinder Pal Soni v. Sohan Lal (Dead) through Legal Representatives
Union of India v. Pradeep Kumari
Jose Antonio Cruz Dos R. Rodriguese v. Land Acquisition Collector
Bharatsing v. State of Maharashtra
(1) Acquisition of land – Once an award is passed by High Court, earlier one passed by Reference Court ceases to exist, and stands subsumed within award of High Court – Same is case when an award is ....
The court confirmed the maintainability of applications under Section 28A of the Land Acquisition Act based on higher compensation awards from appeals, emphasizing equitable relief for disadvantaged ....
Section 28A of the Land Acquisition Act allows for re-determination of compensation based on subsequent awards, promoting equity among landowners who could not challenge earlier awards.
(1) Limitation for moving application under Section 28-A of Land Acquisition Act, 1894 will begin to run only from date of award on the basis of which redetermination of compensation is sought.(2) E....
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger. The Collector's rejection of the petitioners' application ....
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
Section 28-A permits compensation exceeding foundational award rates for proven irrigated lands or additional elements like structures/trees, without absolute cap, to fulfill beneficent intent of equ....
Limitations under Section 28A of the Land Acquisition Act are strict; applications must be filed within three months from the award date, not from the date of knowledge.
Land Acquisition and Requisition - Redetermination of compensation - Application for re-determination of compensation is required to be made within three months from the date of award of the Court.
Claimants can maintain applications under Section 28-A of the Land Acquisition Act, 1894, even if they had previously filed reference applications under Section 18, as long as the reference applicati....
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