BINDESHWARI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) The application submitted by the petitioners under Section 28A of the Land Acquisition Act, 1894 has been rejected on the ground that it was barred by limitation. From the impugned order of the Collector, Gonda dated 30 September 2013, it appears that there was a first award dated 6 May 2010 and a subsequent award dated 28 February 2011. The Collector was of the view that there was no justification for the petitioners not to submit an application under Section 28A of the Act 1894 within 90 days of the first award. It is not in dispute that the application submitted on 13 May 2011 was within 90 days of the subsequent award. The position in law is governed by the judgment of the Supreme Court in the case of Union of India and another v. Pradeep Kumari and others, 1995 AIR(SC) 2259 wherein it has been held as follows:

(2.) In view of the clear position of law laid down by the Supreme Court in the aforesaid judgment, the Collector, Gonda was in error in rejecting the application under Section 28A on the ground that it was barred by limitation. Undoubtedly, the period of limitation prescribed under Section 28A is mandatory but, as the Supreme Court has noted, where an application for enhancement is made on the basis of a particular award, there was no reason to reject it on the ground that it was not made within 90 days of the first award.

(3.) In the circumstances, we allow this petition by setting aside the impugned order dated 30 September 2013 and restore Case No. 58/2012-13 to the file of the Collector, Gonda who shall proceed to dispose of the application under Section 28A of the Act 1894 expeditiously, preferably within a period of three months from the date on which a certified copy of this order is produced on record.