1995 (3) TMI 489 - SC - Indian Laws

Summary

Issues Involved:
1. Applicability of Section 28-A of the Land Acquisition Act, 1894.
2. Computation of the period of limitation for applications u/s 28-A.
3. Authority of the Collector to award interest on additional compensation u/s 28-A.

Summary:

Issue 1: Applicability of Section 28-A of the Land Acquisition Act, 1894
The petitioners sought a review of the Supreme Court's order dated October 8, 1991, which dismissed their Civil Appeals related to land acquisition for the Beas Dam Project. The respondents had filed applications u/s 28-A for re-determination of compensation based on awards made by the court after the enactment of the Land Acquisition (Amendment) Act, 1984. The High Court held that Section 28-A applies to any award made under Part III of the Act, not just the first award after the Amendment Act, and dismissed the petitioners' writ petitions while allowing the respondents' claims for enhanced compensation.

Issue 2: Computation of the Period of Limitation for Applications u/s 28-A
The petitioners argued that applications u/s 28-A must be made within three months from the date of the first award after the Amendment Act. The Supreme Court rejected this contention, stating that the limitation period should be computed from the date of any award made by the court under Part III of the Act, not just the first award. The Court emphasized that Section 28-A is a beneficent provision intended to remove inequality in compensation payments and should be construed to extend benefits rather than curtail them.

Issue 3: Authority of the Collector to Award Interest on Additional Compensation u/s 28-A
The petitioners contended that the Collector could not award interest on additional compensation as only the court has such authority u/s 28. The Supreme Court rejected this argument, stating that u/s 28-A(2), the Collector makes an award determining the compensation, and u/s 28-A(3), a person not accepting this award can seek a court reference governed by Sections 18 to 28. Therefore, the Collector can award interest u/s 34 on the additional compensation determined.

Conclusion:
The Supreme Court dismissed the Review Petitions, affirming that:
1. Applications u/s 28-A can be based on any award made after the Amendment Act, not just the first.
2. The period of limitation for such applications is three months from the date of the award on which re-determination is sought.
3. The Collector has the authority to award interest on additional compensation u/s 34.