SINGARENI COLLIERIES COMPANY LTD Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) What is the true effect and import of sub-section (3) of Section 28-A of the Land Acquisition Act, 1894 (Act 1 of 1894) falls for consideration in this appeal.

(2.) The fact of the matter is not in dispute.

(3.) Land to the extent of Ac.20-11 gts. belonging to the 2nd respondent herein was acquired by the 1st respondent for the use of the appellant company. An award was passed on 3-8-1987 fixing the compensation at the rate of Rs.6,000.00 per acre. No application was filed by the 2nd respondent for reference to the Civil Court in terms of Section 18 of the Act. Other persons similarly situated, however, sought for reference to the Civil Court. Pursuant to or in pursuance thereof, the Civil Court enhanced the compensation from Rs.6,000/- to Rs.9,500.00 per acre. The 2nd respondent herein thereafter filed an application under Section 28-A of the Act for re-determination of the amount of compensation which was entertained by the Collector and by order dated 31-12-1990, the compensation was enhanced to Rs.9,500.00 per acre. On the same day, the 2nd respondent filed an application under subsection (3) of Section 28-A of the Act.