BHARATSING Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Petitioners, whose landed property has been acquired for public purpose, are seeking directions against respondents to take decision on the application tendered under section 28A of the Land Acquisition Act, for redetermination of amount of compensation on the basis of judgment delivered by this Court in First Appeal No. 569/1997, decided on 23.03.2009.

(2.) Agricultural lands belonging to petitioners have been acquired for development of irrigation project. The Special Land Acquisition Officer, after observing the procedure prescribed under Land Acquisition Act, declared award on 04.06.1977. Being aggrieved and dis-satisfied with the award passed by the State Authority, claimant, covered by the same section 4 notification as in the case of petitioners, presented Land Acquisition Reference no. 129/1983, whereas one another claimant presented separate reference application being Land Acquisition Reference No. 123/2003, which applications came to be decided by the 2nd Additional District Judge, Aurangabad, on 01.10.1992. The reference Court was pleased to direct enhancement in the amount of compensation payable to claimants. Petitioners herein, in view of judgment and order passed by the 2nd Additional District Judge, Aurangabad, on 01.10.1992, tendered applications under section 28A of the Land Acquisition Act for redetermination of amount of compensation in accordance with the decision delivered by the reference Court. Applications tendered by petitioners came to be allowed and the amount of compensation payable to petitioners herein was re-determined by the Collector/Land Acquisition Officer on 01.10.1992 on the basis of judgment delivered by the reference Court. The acquiring body, being dis-satisfied with the award passed by the reference Court, presented appeal bearing First Appeal No. 569/1997 before this Court. Claimants also presented cross-objection claiming enhancement in amount of compensation. This Court, after hearing the parties, was pleased to dismiss the first appeal presented by acquiring body and allowed the cross objection tendered by claimants thereby granting compensation at the rate of Rs. 18,000/- per acre to them. Petitioners herein, on the strength of judgment delivered by this Court in first appeal, presented second application under section 28A of the Land Acquisition Act, seeking re-determination of amount of compensation. According to petitioners, the Land Acquisition Officer is reluctant to decide the application and as such, claims that suitable directions be issued to the Land Acquisition Officer.

(3.) Section 28-A of the Land Acquisition Act stipulates that wherein an award under this Part (Part III), the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, may by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court. Entitlement of claimant who has not presented reference application challenging the award of the Collector to claim re-determination of amount of compensation is on the strength of award passed by the reference Court on an application tendered by another claimant covered by same section 4 notification. Re-determination of amount of compensation payable under section 28-A is in reference to award under Part III. The term 'award' shall necessarily mean an award of the Court or an award of the Land Acquisition Officer. Entitlement of claimant to claim re-determination of amount of compensation in the event he does not present application for reference to the Court, is only in the matters of enhancement of amount of compensation by the Court in reference application under section 18 of the Act presented by a claimant covered by same section 4 notification. In the instant matter, petitioners herein did tender applications to the Collector in exercise of rights under section 28-A of the Land Acquisition Act, which came to be decided in the year 1992. Again, the claimants have presented successive application seeking re-determination of amount of compensation under section 28-A of the Act on the strength of judgment of this Court in First Appeal No. 569/1997 decided on 23.03.2009, which application, according to us, is not entertainable.