UNION OF INDIA Vs. HANSOLI DEVI

JUDGEMENT

(1.) In this bunch of cases, the provisions of Section 28 -A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), crop up for consideration. Two learned Judges of this Court, in course of hearing of Civil Appeal No. 9477 of 1994 (Union of India and Anr. v. Smt. Hansoli Devi and Ors.), formulated two questions to be answered by a Larger Bench. The said questions are:

(2.) According to the learned judges, the three - Judge bench decision of this Court in Jose Antonio Cruz Dos R. Rodriguese and Anr. v. Land Acquisition Collector and Another1 requires reconsideration. At the outset, it may be stated that the constitution bench in Pradip Chandra Parija and Ors. v. Pramod Chandra Patnaik and Ors.2, held that judicial discipline and propriety demands that a bench of two learned judges should follow a decision of a bench of three learned judges. But if a bench of two learned judges concludes that an earlier judgment of three learned judges is so very incorrect that in no circumstances can it be followed, the proper course for it to adopt is, to refer the matter before it to a bench of three learned judges setting out the reasons why it could not agree with the earlier judgment and then the bench of three learned judges also comes to the conclusion that the earlier judgment of a bench of three learned judges is incorrect, then a reference could be made to a bench of five learned judges. In view of the aforesaid constitution bench decision, the very reference itself made by the two learned judges was improper and we would have sent the matters to a bench of three learned judges for consideration. But since the questions involved are pending in many cases in different High Courts and certain doubts have arisen with regard to the interpretation to the provisions of Section 28 -A of the Act, we thought it appropriate to answer the two questions referred. Section 28 -A of the Land Acquisition Act reads thus :

(3.) The aforesaid provision was inserted by way of an amendment by Act 68 of 1984, which came into force w.e.f. 24.9.1984. Prior to the present reference in Jose Antonio Cruz Dos R. Rodriguese and Anr. v. Land Acquisition Collector and Anr.1 two learned judges of this Court had referred the following two questions for being answered by a larger bench of five Judges. The said questions being :