LALITA DEVI Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Question involved in this writ petition is, that when compensation awarded in proceedings under Land Acquisition Act (hereafter referred to as the Act) is received by 'a person interested', like Petitioner without protest, can he maintain the petition under Section 28A of the Act or not. Admitted facts of this case are that the Land Acquisition Collector made an award and pronounced it on 17.7.1973. Annexure P-l attached by the Petitioner reveals that compensation was received without protest. Thereafter reference under Section 18 was claimed by the Petitioner. This was rejected on 3rd February, 1976. Petitioner did not question this order.

(2.) However, vide Annexure P-2 he submitted an application before the Land Acquisition Collector, Bias Dam Project, at Talwara. This was for determination of award under Section 28A of the Act. Basis for claiming redetermination by the Petitioner was the award given by the Additional District Judge on 24.11.1987. Amongst other things in paragraph 5 of this application rates awarded by the Additional District Judge were also mentioned.

(3.) By means of impugned order passed on this application for redetermination, it was held by the Respondent, that the application was not maintainable in view of the decision of Supreme Court in Review Petition No. 364-65 of 1992, Civil Appeal No. 2320-21 of 1991, Union of India and Anr. v. Pradeep Kwnari and Anr. on 10th March, 1995.