UNION OF INDIA Vs. HANSOLI DEVI

JUDGEMENT

(1.) The issue involved in the matter under consideration pertains to S. 28-A of the Land Acquisition Act, 1894 (as inserted by Act 68 of 1984). A three-Judges Bench of this Court in the case of Union of India v. Pradeep Kumari (1995) 2 SCC 736 : (1995 AIR SCW 1834 : AIR 1995 SC 2259) came to a conclusion that the starting point of limitation of 3 months as prescribed under S. 28-A for making application for redetermination of compensation ought to be the date of making of the award on the basis of which redetermination is sought. In Pradeep Kumari's case (1995 AIR SCW 1834 : AIR 1995 SC 2259) (supra) six conditions have been mentioned in order to enable a person to seek redetermination of the amount of compensation payable to him, and the above noted six conditions are as below :

(2.) In paragraph 11 of the report in the last noted decision, this Court categorically held that since the cause of action for moving the application for redetermination of compensation under S. 28-A arises from the award on the basis of which redetermination of compensation is sought, the principle that "once the limitation begins to run, it runs in its full course until its running is interdicted by an order of the Court" can have no application because the limitation for moving the application under S. 28-A will begin to run only from the date of the award on the basis of which redetermination of compensation is sought.

(3.) On the wake of the aforesaid, this Court expressed its inability to agree with the view expressed in Babua Ram v. State of U.P. (1995) 2 SCC 689 : (1995 AIR SCW 65) and Union of India v. Karnail Singh (1995) 2 SCC 728.