Ramsingbhai (Ramsangbhai) Jerambhai vs The State Of Gujarat And Anr

SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4885 OF 2018 (Arising out of S.L.P.(Civil) No. 10422 of 2015)

RAMSINGBHAI (RAMSANGBHAI) JERAMBHAI ... APPELLANT (S)

VERSUS

THE STATE OF GUJARAT AND ANR. ... RESPONDENT (S)

J U D G M E N T

KURIAN, J.:

Leave granted.

2. Whether an application under Section 28A of the Land Acquisition

Act, 1894 (for short “the Act”) for redetermination of the compensation

can be filed within a period of 3 months from the date of judgment of the

High Court or Supreme Court passed in appeal under Section 54 of the

Act is the question that arises for consideration in this case.

3. Section 28A(1) of the Act reads as follows :-

“ 28A. 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 Signature Not Verified amount of compensation in excess of the Digitally signed by NARENDRA PRASAD amount awarded by the Collector under section Date: 2018.05.11 16:17:15 IST Reason:

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

1 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 and the time requisite for obtaining a copy of the award shall be excluded.” (Emphasis supplied)

It is clear from the opening words of the provision that the

redetermination under Section 28A is available only in respect of an

“Award” passed by the “court” under Part III of the Act, comprising

Sections 18 to 28A (both inclusive). The “court” referred to in Section 28A

of the Act is the court as defined under Section 3(d) to mean “... a

principal civil court of original jurisdiction ...”. Thus, the judgment of the

appellate court is not within the purview of Section 28A. It is also to be

noted that the appellate courts under Section 54 are under Part VIII of the

Act whereas the redetermination is only in respect of the Award passed by

the Reference Court under Part III of the Act. (See Jose Antonio Cruz

Dos R. Rodriguese & another v. Land Acquisition Collector &

another1). In its recent judgment in Bharatsing and others v. The

State of Maharashtra and others2, this Court has surveyed the

decisions on this issue and reiterated the legal principle. 1 (1996) 6 SCC 746 2 (2017) SCC Online SC 1453 2

4. What the appellant seeks is redetermination of compensation under

the Act in terms of the judgment of the High Court passed under Section

54 of the Act. In view of the settled legal position which we have

explained above, the appellant is not entitled to such a relief; his

entitlement, if any, is only in terms of Section 28A of the Act based on the

award of the Reference Court.

5. The appeal is accordingly dismissed. Pending application (s), if any,

shall stand disposed of. No costs.

...............................................J. (KURIAN JOSEPH)

.............................................J. (MOHAN M. SHANTANAGOUDAR)

.............................................J. (NAVIN SINHA)

NEW DELHI;

APRIL 24, 2018.

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