BABUA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The point that arises for consideration is whether a person who has received compensation under an award of the Collector without registering a protest is entitled to get the compensation redetermined on the basis of the award given by the court by initiating proceedings under S. 28A of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) as inserted by S. 19 of the Land "Acquisition (Amendment) Act, 1984 (Act No. 68 of 1984) (hereinafter referred to as the Amending Act.)

(2.) In the instant case, indisputably, the petitioners received the compensation offered to them by the Collector without registering or lodging any protest. On the contrary, as pointed out by the Special Land Acquisition Officers, the petitioners accepted the offer of the Collector by executing written documents the contents of which have been extracted in the impugned order the Special Land Acquisition Officer has rejected the application made by the petitioners under S. 28A. of the Act on the ground that they cannot maintain it.

(3.) Prior to the enforcement of the Amending Act, the position was that under S. 11 the Collector, in his capacity as an agent of the State Government, made an offer of a compensation to the owner of the land which was proposed to be acquired. He acted in an administrative capacity. In spite of the use of the expression 'award' in S. 11 there was a mere tender of compensation by the Collector to the owner of the land. If such an owner or any person interested, as defined in S. 3 (b) of the Act, felt dissatisfied by the amount of compensation offered he could claim a judicial determination of the adequacy of the compensation by seeking a reference to the court by the Collector on the fulfilment of the condition as enumerated in S. 18. No change has been introduced by the Amending Act.