Vs. The State of Haryana  INSC 78 (27 January 1997)
RAMASWAMY, G.T. NANAVATI
O R D
This special leave arises from order of the Division Bench of the Punjab
& Haryana High Court, made on August 18, 1992 in Civil Revision No. 73 of 1991.
learned counsel for the petitioner has contended that the decision of this
Court in Babua Ram & Ors. v. State of U.K. & Narc. [(1995) 2 SC 689]
was referred to a Constitution Bench in Jose Antanio Cruz Dos R. Rodriqueses
& Anr. v. Land Acquisition Collector & Anr. [1996) 1 SCC 88 = J.T. 1995
(8) SC 3281 and thereafter cases with similar facts were also referred. We find
that the statement is not accurate and in the facts of this case, the question
does not arise. The admitted position is an under.
under Section 4(1) of the Land Acquisition Act, 1984 [for short the `Act'] was
published on June 26,
1973 acquiring 133.24
acres of land situated in Village Dara Kalan, District Kurukshetra for
development and utilisation of the land for residential purposes. The Collector
in his award dated July
17, 1975 awarded
compensation at the rate of Rs. 3/- per square yard. The appellant did not seek
any reference under Section 18. However, on reference sought by others, the
district judge in his award and decree dated October 3, 1981 enhanced the compensation to Rs. 7/- per sq.
Dissatisfied therewith, those claimants filed appeal in the High Court. The
High Court by judgment and decree dated March 14, 1990 further enhanced the compensation
to Rs. 37 per sq. yd. Thereafter, the petitioner filed an application within
the prescribed limitation period of 30 days from the date of the judgment of
the High Court under Section 28-A of the Act for payment of the enhanced
compensation. The Land Acquisition Collector by Order dated September 5, 1990 dismissed the application but the
District Judge re- determined the compensation by Order dated December 24, 1991. The revision application, on
reference by a learned single Judge, was allowed by the Division Bench setting
aside the reference Court award. Thus, this special leave.
contended that the petitioner is entitled to re- determination of compensation
on par with others and the question of limitation does not stand in the way.
The question, therefore, is as to when the limitation begins to run for the
purpose of filing of an application under Section 28-A of the Act? The
Amendment Act 68 of 1984 introducing Section 28-A had come into force with
effect from September
24, 1984. Section 28-A
envisage giving of benefit to a person who had accepted the award made under
Section 11 without protest and did not avail of the reference under Section 18
for further enhancement and others had the ward of enhanced compensation. He
has been given right to make a written application to the L.A.O.
30 days from the date of the award of the Court excluding the time taken to
obtain a certified copy of the award of the court. IT is now fairly well
settled legal proposition that the award of the court is the award of the
reference court under Section 18. That is clear from the statement of the
objective and reasons as also from the unequivocal language used in Section
28-A-(1) of the At. It is equally well settled legal position that once time
has begun to run, it will continue to run until it is stayed by an appropriate
court. The remedy, thereafter stands barred.
proviso to Section 28-A(1) only excludes the time actually taken in obtaining
the certified copy, while computing the period of three months limitation
prescribed under Section 28-A(1). In other words, the time take to obtain
certified copy alone is to be excluded in computation of limitation of three
months. The reference in Jose Antonio's case was confine to the question as to
which of the two awards, when there are more than one award passed by the
reference Court in respect of the land covered under the same notification
published under Section 4(1), would give cause of action and to the question
limitation to file application under Section 28-A(1). In other words, the
question therein was which of the two dates of two award, furnishes the period
of limitation of three months. In the present case in hand that question dos
not arise. There are no two awards of the reference Court. In Scheduled Caste
Co- op. Land Owning Society Ltd. v. Union of India [AIR 1991 SC 730], a Bench
of three Judges of this Court held that "It is obvious on a plain reading
of Sub-Section (1) of Section 28- A that is applies only to those claimants who
had failed to seek a reference under Section 18. The redetermination has to be
done by the Collector on the basis of the compensation awarded by the Court in
the reference under Section 18 and an application in that behalf has to be made
to the Collector within 30 days from the date of the award. The order of the
High Court does not give right of file application under Section 28A(1).
State of Punjab V/s. Raghbir Singh & Ors.
[1995) Supp. 2 SCC 679) on similar facts the ward was accepted without protest
and no reference was sought for by the respondents. On reference under Section
18 at the instance of others, the District Judge confirmed the award of the
Collector but on appeal the High Court enhanced the compensation. When
application under Section 28-A (1) came to be filed after the High Court
judgment. It was held that the remedy under Section 28-A was unavailable as the
decree of the High Court is not that of the reference Court under Section 18.
The limitation period had begun to run from the date of the award of the
District Judge. In State of Punjab V/s. Raghubir Singh [(1989) 3 SCR 316 at
339], a Constitution Bench had held that the words "any such award"
cannot have any reference to the appellate orders of the High Court or of the
Supreme Court. In the context of Section 30 (2), it must have reference to the
award of the Collector or the Civil Court
made between April 30,
1982 and September 24, 1984. In other words, the Constitution
Bench affirmed that the award of the Court is of the reference Court or the
Collector as the case may be. In D. Venkamma & Ors. V/s. Special Tehsildar
(LA) Unit-IV, Janagareddigudem.
District, Elugi, A.P. [1996) (1) 851), under similar facts as in this case, the
award came to be made by the District Judge on reference at the instance of
others covered under the same notification but no application came to be made
immediately thereafter. The Civil Court
enhance compensation on November
26, 1983. The High
Court's award was made on February 1, 1989.
Thereafter, on May 12,
under Section 28-A (1) was filed seeking redetermination of the compensation.
It was held that court referred in Section 28 is the reference Court under
Section 18 and not the High Court and that, therefore, the application filed,
though within limitation from the date of the High Court's judgment, was not
maintainable. In U.P. State Industrial Development Corpn. Ltd. V/s. State of U.P. & Ors. [(1995) 2 SCC 766], an application for redetermination
of the compensation was filed after the award of the reference Court, was
pending appeal in the High Court. The Appellant objected to the redetermination.
A Bench of three Judges of this Court had held that since appeal was pending,
the Collector was not justified in redetermining the compensation. The award of
the Collector was set aside the matter was directed to be kept pending till the
appeal was disposed of in the High Court. In State of Maharashtra V/s. Manakchand Pyarmal & Ors.
[(1996) a SCC 297], same direction was given to keep the application under Section
28-A pending till the appeal against the reference Court awarded was decided by
the High Court. In State of Punjab V/s. Raghubir
Singh & Ors. [(1995) Supp. 2 SCC 679] it was held that an application for
re-determination of compensation can be made only on the basis of the judgment
of the reference Court and the same must be made within the limitation period
prescribed by Section 28-A (1) of the Act.
the facts were that award was made by the Collector on December 22, 1983. The reference Court by judgment
dated September 10,
1990 enhanced the
compensation. Application filed on January 2, 1991 under Section 28-A seeking redetermination
of the compensation on the basis of the judgment of the High Court, was
dismissed by the Collector.
revision application, the High Court directed by order dated August 14, 1992 redetermination of the compensation
on the basis of its earlier judgment dated September 12, 1990.
those facts this Court held that the application for redetermination was barred
by limitation. Appeal was allowed and the order of the High Court was set
only those claimants who had failed to apply for a reference under Section 18
of the Act are conferred with the right to apply for redetermination under
Section 28A(1). But all those who had not only sought a reference under Section
18 but had also filed an appeal in the High Court against the award made by the
reference court are not entitled to avail of the remedy under Section 28A.
Equally, the right and remedy of reference Court under Section 18 had enhanced
the compensation in an award and decree under section 26.
three months from the date of the reference court excluding the time taken
under proviso, the applicant whose land was acquired under the same
notification but who failed to avail the remedy under Section 18, would be
entitled to avail the right and remedy under Section 28A. The order and
judgment of the High Court does not give such right. Thus, this Court held that
Section 28-A does not apply to an order made by the High Court for redetermination
of the compensation. Thus, we hold that the question of reference to the
Constitution Bench does not arise. The claimants are not entitled to make an
application for redetermination of compensation under Section 28-A(1) after the
judgment of the High Court not are the claimants entitled to avail of that
award which is more beneficial to the claimants, i.e., the High Court judgment.
special leave petition is accordingly dismissed.