Mandatory time limit for filing applications under Section 28A of the Land Acquisition Act, 1894

1. Heard Mr. A.R Malhotra, learned counsel appearing for the petitioners and Ms. Linda L. Fambawl, learned Government Advocate appearing for the State respondent Nos. 1 & 2.

2. By this writ petition, the petitioners have challenged the order under Memo No. WP (C) 100/2017-DC (K)/11 dated 27.10.2017, passed by the District Collector-cum-Deputy Commissioner, Kolasib, by which the application of the petitioners under

Section 28A of the Land Acquisition Act, 1894, as amended was rejected on the ground that the petitioner possessed the land involved in the case pertaining to the Award No. 1/2012 (Part-C-Hortoki) dated 13.09.2012 that was acquired for the purpose of construction of Railway Line from Bairabi to Sairang by NF Railway considering the fact that the petitioners were allegedly occupying the said land on the basis of Garden Passes issued by the Village Council, since this Court have held that issuance of Garden Pass by the Village Council does not give any right to such pass holders to claim any form of compensation as they are not owners of the land .

3. It is seen from the annexures appended to their writ petition that earlier the petitioners had approached this Court in WP (C) No. 100/2017 against the Order dated 10.04.2017 (Annexure-5 to the Writ Petition) passed by the District Collector, Kolasib rejecting their application under Section 28A of the L.A Act holding that application submitted by the petitioner on 27.03.2017 (Annexure-4 to the Writ Petition) for re-determination of the said Award and payment of compensation is lapsed by time. The petitioners stated that earlier they application under Section 28A of the LA Act before the said District Collector- cum-Deputy Commissioner, Kolasib on 20.03.2015 (Annexure-3 to the Writ Petition) and that the concerned Collector did not consider their said application under

Section 28A of the LA Act while rejecting their such claim by said Order dated 10.04.2017 stating that their said application 27.03.2017 is only a reminder to their earlier application dated 20.03.2015. After hearing the parties, the Court vide Order dated 01.08.2017 passed in WP (C) No. 100/2017 set aside the said Order dated 10.04.2017 of the District Collector, Kolasib and remanded back the matter to the said District Collector-cum-Deputy Commissioner, Kolasib for consideration of the application of the petitioners made on 20.03.2015 under

Section 28A of the LA Act, 1894, in accordance with law (Annexure-6 to the Writ Petition).

4. Section 28A of the Land Acquisition Act, 1894 as amended reads as follows:-

"28-A. Re-determination of the amount of compensation on the basis of the award of the Court.-(1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section 91) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court.

Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced ant the time requisite for obtaining a copy of the award shall be excluded.

(2) The Collector shall, on receipt of an application under sub-section (1) conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.

(3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collecto