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SHARMILA U. DESHMUKH
Maharashtra Krishna Valley Development Corporation Limited – Appellant
Versus
Baburao Ishwar Sathe Since deceased through LRs. – Respondent
ORDER :
1. Preliminary objection has been raised to the maintainability of present Petitions which challenge the Award passed under Section 28-A of the Land Acquisition Act, 1894 [for short “the LA Act”].
2. In order to appreciate the dispute involved in the present Petition, few facts which are necessary to be exposited are that the Petitioner-Corporation is the acquiring body for Bori Medium Project, District Solapur. The notifications under Section 4 and Section 6 of the LA Act were issued on 29th January 1998 and 6th June, 1999 and the Award under Section 11 was passed on 30th October 2000. The Award was challenged under Section 18 of LA Act by one Sidram Bamshetti Bharamshetti by filing LAR No. 183 of 2001. The LAR proceedings came to be disposed of on 14th December, 2019 in terms of the compromise pursis filed before the National Lok Adalat and in accordance with the terms of compromise the Award came to be passed on 14th December 2019.
3. Respondent Nos.1 and 2 herein filed an application dated 15th February 2020 under Section 28-A of the LA Act for re-determination of the compensation on the basis of award passed in LAR No. 183 of 2001 pursuant to the compromise recorded by th
The acquiring body is barred from seeking a reference under Section 28-A(3) of the LA Act, ensuring legislative intent for equitable treatment of landowners.
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger.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 ....
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....
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.
The provisions of Section 28A of the Land Acquisition Act, 1894, should be construed to advance the policy of the legislation to extend the benefit rather than curtailing it.
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 ....
A party who has preferred a Reference under Section 18 of Land Acquisition Act, 1894 and has secured an order thereunder, cannot thereafter file an Application under Section 28A of Land Acquisition A....
The court affirmed that awardees under Section 11(2) of the Land Acquisition Act are entitled to seek redetermination of compensation under Section 28A, emphasizing the beneficial intent of the legis....
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