JUDGMENT

Anil Kshetarpal. J.(Oral) - Through this writ petition, the petitioner-UOI assails the correctness of an award dated 30.10.2020 passed by the Land Acquisition Collector in the exercise of its powers under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act of 1894').

2. Section 28-A provides that if a land owner do not apply for reference under Section 18 of the Act and in pursuance of reference to the court at the behest of other owners, the market value of the land has been assessed to be more than what has been assessed by the Land Acquisition Collector, then such land owner who did not seek reference u/s 18 can apply for re-determination claiming parity. In other words, if on the application of the other land owners the court enhances the market value when compared with the assessment of the Land Acquisition Collector, then the land owner who did not apply for reference under Section 18 of the Act, can subsequently apply for re-determination, subject to the fulfilment of the conditions Lald down under Section 28-A (1). In the considered view of the Court, any party aggrieved of such re-determination has a statutory remedy under Section 28-