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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 9477 of 1994

PETITIONER:

UNION OF INDIA

RESPONDENT:

HANSOLI DEVI & ORS.

DATE OF JUDGMENT: 12/09/2002

BENCH:

G.B. PATTANAIK & M.B. SHAH & DORAISWAMY RAJU & S.N. VARIAVA & D.M.

DHARMADHIKARI

JUDGMENT:

JUDGMENT

2002 ( 2 ) Suppl. SCR 324

with

C.A. Nos. 9520-22 of 1994, C.A. No. 9478 of 1994,

C.A. No. 9526-30 of 1994. C.A. Nos. 9523-25 of 2001,

SLP (C) No. 5385-86 of 2001, SLP (C) 5383-84 of 2001 C.A. No. 8748 of 1995

SLP (C) Nos. 22360-61 of 2001. and C.A. No. 3515 of 1997

with C.A. No. 3516 of 1997.

The Judgment of the Court was delivered by

PATTANAIK, J. In this bench of cases, the provision of Section 28-A of the

Land Acquisition Act, 1894 [hereinafter referred to as the Act] ,crop up

for consideration. Two learned Judges of this Court, in course of hearing

of Civil Appeal No. 9477 of 1994 (Union of India & Anr. v. Smt. Hansali

Devi and Ors.), Formulated two questions to be answered by a Larger Bench.

The said questions are:

"I. (a) Whether dismissal of an application seeking reference under Section

18 on the ground of delay amounts to " not filing an application" within

the meaning of Section 28