BECHARBHAI KARSANBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This Special Civil Application is directed against the rejection of the application made by the petitioners under Section 28A(1) of the Land Acquisition Act for enhancing the Award in view of the enhancement of the Award in other cases covered by the same Notification for acquisition. It appears that the Collector rejected the said application under Section 28A(1) of the Land Acquisition Act for enhancement of the Award, simply on the ground that amendment after the notification under Section 4 of the Land Acquisition Act has no relevance in considering the case for enhancement under Section 28A of the Land Acquisition Act. In this connection, reference may be made to a decision of the Supreme Court, made in the case of Mewa Ram v. State of Haryana, reported in (1986) 4 SCC 151. The Supreme Court has held in the said decision that for availing the remedy of re -determination of the amount of compensation under Section 28A of the Land Acquisition Act, the conditions laid down therein are to be fulfilled and the forum is the Collector and the application has to be made before him within 30 days from the date of the Award, and the right is restricted to persons, who had not applied for reference under Section 18 of the Act. There is no dispute in the instant case that the applicant has not made an application for reference under Section 18 of the Land Acquisition Act and he has also made an application under Section 28A of the Land Acquisition Act before the Collector, who is the appropriate forum and the application has also been made within the time referred to in Section 28A and the enhancement of the Award was made in respect of other cases, which are covered by the same declaration under Section 6 and the Notification under Section 4 of the Land Acquisition Act. In the aforesaid circumstances, all the conditions are fulfilled. Hence, the rejection on the ground indicated by the Collector appears to be wholly misconceived. We also refer to an un -reported decision of this Court in Special Civil Application No. 4216 of 1989, which was disposed of by a Division Bench on 14th of November 1990. Similar facts were taken into consideration by the Division Bench and it has been held that Section 28 A of the Land Acquisition Act was applicable and the rejection of the application for enhancement of compensation under Section 28 A on the ground that the Notification under Section 4 was issued before the amendment in Section 28A of the Act was misconceived. We respectfully agree with the view taken by the Division Bench and in the facts and circumstances of the case, we allow this application and direct the Collector to decide the Application under Section 28A of the Land Acquisition Act within three months from today and to give effect to the Award in accordance with law. In the facts of the case, there will, however, be no order as to costs.

(2.) Rule made absolute to the extent indicated above.