Jagdish Narayan and Another vs State of M.P.

S.K. Gangele, J.—Heard counsel. The petitioners have assailed the order dated 27/12/2002 passed by the Land Acquisition Officer, (Collector) Shivpuri (Annexure P/1).

Pieces of the land belonging to the petitioners bearing survey numbers 14, area 1.538 hectares, 18 area 0.951 hectare and survey number 47 having an area 0.732 hectare situate at village Jagatpur, Tahsil Kolaras, District Shivpuri were acquired by the authority for laying new railway line from Guna to Shivpuri. Compensation of the land was also fixed vide order dated 26/8/1989. Alongwith the petitioners, land of one Himmat Singh and others were also acquired. It is clear from Annexure P/5 that some of the persons namely Himmat Singh and others submitted an application u/s 18 of the Land Acquisition Act, 1894 (for brevity, the "Act") against the award for enhancement of the compensation. The case was referred to the District Judge for adjudication which was registered as Civil Case No. 03/91. Said case was decided vide award dated 23/12/1992 and the Court enhanced the amount of compensation. Thereafter, the petitioners submitted an application u/s 28A of the Act for re-determination of the amount of compensation on the basis of the award of the Court. That application has been rejected by the Land Acquisition Officer vide impugned order on the ground that in accordance with section 18 of the Act, the petitioners have to file application within a period of six weeks from the date of receipt of notice or six months from the date of award of the compensation by the Collector. Since such application was filed after a period of ten years, hence, it is not maintainable.

Section 28A of the Act prescribes re-determination of the amount of compensation on the basis of the award of the Court. It thus reads:

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 amount of compensation in excess of the amount awarded by the Collector u/s 11, the persons interested in all the other land covered by the same notification u/s 4, sub section (1) and who are also aggrieved by the award of the Collector may, notwithstanding they had not made an application to the Collector u/s 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.

From perusal of the aforesaid provision, it is clear that if any amount of compensation in excess of the amount awarded by the Collector is awarded by any court, the persons interested in all the other land covered by the same notification u/s 4, sub-section (1) aggrieved by the award can file application before the Collector within three months from the date of passing of award and the Collector shall re-determine the amount of compensation on the basis of the award passed by the Court.

In the present case, the Collector has not considered the application submitted by the petitioners in accordance with the provisions of section 28A of the Act. Hence, the impugned order passed by the Collector is contrary to law.

Consequently, this petition is allowed. Impugned order Annexure P/1 passed by the Land Acquisition Officer (Collector) Shivpuri is hereby quashed and the matter is remanded back to the Collector with a direction that he shall decide the application submitted by the petitioners in accordance with the provisions of section 28A of the Act.

It is hereby clarified that this Court has not expressed any opinion on the merits of the case.

Looking to the inordinate lapse of time, the Authority is directed to decide the application within a period of three months from the date of receipt of certified copy of this order. Petition is allowed. No order as to costs.