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RAJESH BINDAL, J. J. MUNIR
Kunwar Pal @ Kumar Pal Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
This writ petition is directed against an order of the Special Land Acquisition Officer (Sanyukt Sangathan), Aligarh dated 30.4.2022 rejecting the petitioner's application under Section 28A of the Land Acquisition Act, 1894 (for short, 'the Act') as time barred.
2. Heard Mr. K.S. Shukla, learned counsel for the petitioner, Mr. Rajeev Singh, learned Standing Counsel appearing on behalf of Respondent Nos. 1 and 2 and Ms. Archi Agarwal, learned counsel appearing on behalf of Respondent No. 3.
3. The petitioner, Kunwar Pal made an application to the Collector-cum-Land Acquisition Officer, Aligarh dated 29.1.2001 saying that his land comprising Khasra No. 7/0-2-0, Khasra No. 10/0-4-0, Khasra No. 27(m)/0-10-0 and Khasra No. 414 (m)/1-14-0 admeasuring a total of 2 Bigha 2 Biswa situate at village Talaspur Kalan, Post Quarsi, Pagrana and Tehsil Koil, District Aligarh was acquired by the State for the purpose of Planned Industrial Development by the Uttar Pradesh State Industrial Department Corporation, Kanpur. It was the petitioner's case that in LAR No. 70 of 1993, Mahendra Singh and others v. State of U.P. and others, the XIth Additional District Judge, Aligarh while deciding
The court established that the time taken to obtain a certified copy of a court award is excluded from the limitation period under Section 28A of the Land Acquisition Act.
The limitation period under Section 28-A of the Land Acquisition Act is strict and cannot be extended based on personal circumstances or knowledge of the judgment.
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
The limitation period for seeking redetermination of compensation under Section 28A of the Land Acquisition Act begins from the date of the original court's award, not from appellate decisions.
The right under S.28A of the Act allows redetermination of compensation based on any award, not just the earliest, countering potential inequalities in compensation payments.
Timely decision on applications for re-determination of compensation under Section 28A of the Land Acquisition Act, 1894 is emphasized by the court.
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