RAMSINGBHAI (RAMSANGBHAI) JERAMBHAI versus THE STATE OF GUJARAT AND ANR. on 24 April 2018

[2018] 3 S.C.R. 1019

RAMSINGBHAI (RAMSANGBHAI) JERAMBHAI

v.

THE STATE OF GUJARAT AND ANR.

(Civil Appeal No. 4885 of 2018)

APRIL 24, 2018

[KURIAN JOSEPH, MOHAN M. SHANTANAGOUDAR ANDNAVIN SINHA, JJ.]

Land Acquisition Act, 1894 – s.28A – Re-determination ofthe amount of compensation on the basis of the award of the court– Application u/s 28A for re-determination of the compensationwithin a period of 3 months from the date of judgment of the HighCourt or Supreme Court passed in appeal u/s.54 – Entitlement of –Held: Re-determination u/s.28A is available only in respect of anaward passed by the court under Part III – Court referred to ins. 28A is the principal civil court of original jurisdiction – Thus, thejudgment of the appellate court not within the purview of s.28A –Appellant not entitled to such a relief – His entitlement, is only interms of s.28A based on the award of the Reference Court.

Dismissing the appeal, the Court

HELD: The redetermination under Section 28A of the LandAcquisition Act, 1894 is available only in respect of an “Award”passed by the “court” under Part III of the Act, comprisingSections 18 to 28A (both inclusive). The “court” referred to inSection 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 ofSection 28A. The appellate courts under Section 54 are underPart VIII of the Act whereas the redetermination is only in respectof the Award passed by the Reference Court under Part III of theAct. However, if the State/authorities/claimants have approachedthe higher Courts for reduction/enhancement of quantum ofcompensation, as the case may be, the Collector, under Section28A of the Act, shall wait till a decision is finally rendered andthereafter award the compensation as per the modified verdict ofhigher Courts. The appellant is not entitled to such a relief; hisentitlement, if any, is only in terms of Section 28A of the Actbased on the award of the Reference Court. [Paras 3-5][1021-C-D, E-F]

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1020SUPREME COURT REPORTS

[2018] 3 S.C.R.

AJose Antonio Cruz Dos R. Rodriguese & another v. LandAcquisition Collector & another (1996) 6 SCC 746 :[1996] 8 Suppl. SCR 910; Bharatsing and others v. TheState of Maharashtra and others (2017) SCC OnlineSC 1453 – relied on.

Case Law ReferenceB[1996] 8 Suppl. SCR 910relied onPara 3(2017) SCC Online SC 1453relied onPara 3

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4885

of 2018CFrom the Order dated 26.08.2014 of the High Court of Gujarat atAhmedabad in SCA No. 15980 of 2012.

Nachiketa Joshi, Ms. Sucheta, Ujjaval Kumar, Chetan Uppal,Advs., for the Appellant.

Shamik Sanjanwala, Ms. Jesal Wahi, Ms. Vishakha, Ms. MamtaDSingh, Ms. Hemanatika Wahi, Advs., for the Rrespondents.

The judgment of the Court was delivered by KURIAN, J. 1. Leave granted.

2. Whether an application under Section 28A of the LandAcquisition Act, 1894 (for short “the Act”) for redetermination of theEcompensation can be filed within a period of 3 months from the date ofjudgment of the High Court or Supreme Court passed in appeal underSection 54 of the Act is the question that arises for consideration in thiscase.

3. Section 28A(1) of the Act reads as follows :- F“ 28A. Re-determination of the amount of compensation onthe basis of the award of the Court. –(1) Where in an awardunder this Part, the Courtallows to the applicant any amount ofcompensation in excess of the amount awarded by the Collectorunder section 11, the persons interested in all the other land coveredby the same notification under section 4, sub-section (1) and whoGare also aggrieved by the award of the Collector may,notwithstanding that they had not made an application to theCollector under section 18, by written application to the Collectorwithin three months from the date of the award of the Courtrequirethat the amount of compensation payable to them may be re- H

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RAMSINGBHAI (RAMSANGBHAI) JERAMBHAI v. THESTATE OF GUJARAT [KURIAN, J.]

determined on the basis of the amount of compensation awardedby the Court:

Provided that in computing the period of three months within whichan application to the Collector shall be made under this sub-section,the day on which the award was pronounced and the time requisitefor obtaining a copy of the award shall be excluded.”

(Emphasis supplied)

It is clear from the opening words of the provision that theredetermination under Section 28A is available only in respect of an“Award” passed by the “court” under Part III of the Act, comprisingSections 18 to 28A (both inclusive). The “court” referred to in Section28A of the Act is the court as defined under Section 3(d) to mean “... aprincipal civil court of original jurisdiction ...”. Thus, the judgment of theappellate court is not within the purview of Section 28A. It is also to benoted that the appellate courts under Section 54 are under Part VIII ofthe Act whereas the redetermination is only in respect of the Awardpassed by the Reference Court under Part III of the Act. (See JoseAntonio Cruz Dos R. Rodriguese & anotherv. Land Acquisition1Collector & another). In its recent judgment in Bharatsing andothersv. The State of Maharashtra and others2, this Court hassurveyed the decisions on this issue and reiterated the legal principle.

4. However, if the State/authorities/claimants have approachedthe higher Courts for reduction/enhancement of quantum ofcompensation, as the case may be, the Collector, under Section 28A ofthe Act, shall wait till a decision is finally rendered and thereafter awardthe compensation as per the modified verdict of higher Courts.

5. What the appellant seeks is redetermination of compensationunder the Act in terms of the judgment of the High Court passed underSection 54 of the Act. In view of the settled legal position which wehave explained above, the appellant is not entitled to such a relief; hisentitlement, if any, is only in terms of Section 28A of the Act based onthe award of the Reference Court.

6. The appeal is accordingly dismissed. Pending application (s), ifany, shall stand disposed of. No costs.

Nidhi Jain

Appeal dismissed.

1 (1996) 6 SCC 746

2 (2017) SCC Online SC 1453

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