Point of Law: 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.

JUDGMENT :

The application filed by the petitioner herein for redetermination of compensation based on an award passed by the reference Court in respect of an item of property covered by the very same notification issued under the Land Acquisition Act, 1894 was rejected by the respondent by Exhibit P2 order on the ground that the properties, though covered under the very same notification, fell in different categories. The said order is assailed in this Writ petition filed under Article 226 of the Constitution of India.

2. The petitioner states that property having an extent of 0.4031 hectares of land in Re-survey No.199/4 of Ramanthali Village was the subject matter of acquisition proceedings initiated under the Land Acquisition Act, 1894 for the purpose of establishing the Naval Academy at Ezhimala. The petitioner contends that in respect of another item of property covered under the very same notification, a person aggrieved by the award passed by the District Collector, had filed a reference application before the Sub Court, Payyannur as LAR No.117/16. The learned Subordinate Judge was pleased to pass an award enhancing the compensation. Immediately thereafter, the petitioner filed Exhibit P1 representation before the 2nd respondent seeking a reference under Section 28A of the Act. The said application came to be dismissed by Exhibit P2 order on the ground that the properties, though covered under the very same notification, fell into different categories. The aforesaid order is under challenge.

3. I have heard Sri.V.N. Ramesan Nambisan, the learned counsel appearing for the petitioner and the learned Government pleader.

4. Section 28A of the Act which was inserted by the Land Acquisition (Amendment) Act, 1984. In the Statement of Objects and Reasons, for insertion of Section 28-A, it was, inter alia, observed:

“(ix) Considering that the right of reference to the civil court under Section 18 of the Act is not usually taken advantage of by inarticulate and poor people and is usually exercised only by the comparatively affluent landowners and that this causes considerable inequality in the payment of compensation for the same or similar quality of land to different interested parties, it is proposed to provide an opportunity to all aggrieved parties whose land is covered under the same notification to seek redetermination of compensation, once any one of them has obtained orders for payment of higher compensation from the Reference Court under Section 18 of the Act.”

5. Section 28 A reads as follows:-

“28-A. Redetermination 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 (1) 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 redetermined 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 and the time requisite for obtaining a copy of the award shall be excluded.

(2) The Collector shall, on receipt of an application under subsection (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 subsection (2) may, by written application to the Collector, require that the matter be referred by the Co