NDLI: Union of India and Anr. Vs. Pradeep Kumari and Ors.

Union of India and Anr. Vs. Pradeep Kumari and Ors.

Content Provider: Supreme Court of India

Please Log-in to view this content

If you are not a registered user, please register first and then use the e-mail id and password to log-in.

Advisory jurisdiction

Arbitration petition

Civil miscellaneous petition

Contempt petition civil

Contempt petition criminal

Criminal appeal

Criminal miscellaneous petition

Curative petition Criminal

Curative petition civil

Death reference case

Disciplinary jurisdiction

Election petition civil

Habeas corpus petition

Miscellaneous application

Review petition civil

Review petition criminal

Special leave petition civil

Special leave petition criminal

Special reference case

Suo moto contempt petition civil

Suo moto contempt petition criminal

Suo moto transfer petition civil

Suo moto transfer petition criminal

Suo moto writ petition civil

Suo moto writ petition criminal

Tax reference case

Transfer petition criminal

Transferred case civil

Transferred case criminal

Writ petition civil

Writ petition criminal

Union of India and Anr. Vs. Pradeep Kumari and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition Act 1894-Section 28-A-Awards made after insertion o/S.88-A
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Transfer Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Land Acquisition Act, 1894-Section 28-A-Awards made after insertion of S.88-A-Period of 3 months not to be counted from the earliest award-To be counted from award on which claim is based--Interest can be granted by the Collector on additional compensation. The lands of the respondents were acquired for Beas Dam Project vide various Notifications under Section 4 of the Land Acquisition Act and awards were made by the Collector. Certain other persons whose lands were also acquired under the same notification sought reference under Section 18 of the Act and on such reference, the Court awarded additional amounts to such persons. Few of such references to the Court were disposed of by the Court after 24.9.1984, that is, after the enactment of the Land Acquisition (Amendment) Act, 1984 ·by which Section 28-A was introduced in the Act. The earliest award after the amendment was made by the Court on 27 .12.1984. The respondent No. 1 filed an application before the Collector claiming the benefit of additional amount of compensation under Section 28-A.The Collector awarded additional amount of compensation on the basis of one such award of the Court dated 21.2.1987. The writ petition filed by the petitioners against the order of the Collector was dismissed.Respondent No. 2 on the other hand, filed an application under Section 28-A of the Act for enhancement of compensation claiming the benefit of the decision of the High Court in R.F.A. 166 of 1977. The Collector dismissed the application on the ground that the benefit of Section 28-A is available only on the basis of an award of the reference court under the Act and not on the basis of any judgment of the High Court. Respondent No. 2 filed a writ petition against the order of the Collector in the High Court contending that if she is not entitled to the benefit of the Judgment of the High Court, she may be given the benefit of the award of the reference Court under Section 28-A. The writ petition was disposed of alongwith the writ petition of Respondent No. 1 and the High Court allowed the writ petition of Respondent No. 2.The petitioners filed appeals against the aforesaid orders of the High Court which were dismissed. Thereupon they filed these Review Petitions.The petitioners contended that (1) the benefit of Section 28-A could be extended only if the application is made within three months from the date of the first award made by the reference court after the Amendment Act. As the applications by the respondents were made more than three months after the date of the first award i.e. 27.12.1984, the applications were barred by limitation. Reliance was placed upon decisions of two Judge bench of this court in Babua Ram and Ors. v. State of U.P. and Anr., JT [1994] 7 SC 377 and Union of India v. Karnail Singh, [1995) 7 SCALE 21. (2) The Collector was not competent to award interest on the additional amount of compensation and only the Court is competent to do so under Section 28 of the Act.
Judge	Hon'ble Mr. Justice S.C. Agrawal
Neutral Citation	1995 INSC 180
Petitioner	Union Of India And Anr.
Respondent	Pradeep Kumari And Ors.
SCR	[1995] 2 S.C.R. 703
Judgement Date	1995-03-10
Case Number	364-65

Central Library (ISO-9001:2015 Certified)
Indian Institute of Technology Kharagpur
Kharagpur, West Bengal, India | PIN - 721302

See location in the Map
03222 282435
Mail: support@ndl.gov.in

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in