UNION OF INDIA AND ANR. versus PRADEEP KUMARI AND ORS.

UNION OF INDIA AND ANR. versus PRADEEP KUMARI AND ORS.

The time limit for making an application under Section 28-A is to be computed from the date of the award of the reference court on which the applicant bases the claim for re-determination of compensation. The Collector is competent to award interest on the additional amount of compensation awarded under Section 28-A(2), by operation of Section 34 of the Land Acquisition Act.

Parties
Petitioner/appellant: Union of India and Anr.; Respondent: Pradeep Kumari; Respondent: Savitri Devi
Jurisdiction
India
Judgment Date
10 March 1995
Procedural Posture
Review Petition in Civil Appeals / Supreme Court Final Decision on Review
Outcome
Review Petitions dismissed
Legal Topics
Section 28 a of Land Acquisition Act, Limitation, Interest on Additional Compensation, Re Determination of Compensation
Land Acquisition Constitutional Law Section 28 a of Land Acquisition Act Limitation Interest on Additional Compensation Re Determination of Compensation

Case Brief

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Parties

Union of India and Anr.

Petitioner/appellant

Pradeep Kumari

Respondent

Savitri Devi

Respondent

Procedural Posture

Review Petition in Civil Appeals / Supreme Court Final Decision on Review

Legal Issues

  1. 1 Whether the period of limitation under Section 28-A of the Land Acquisition Act is to be computed from the date of the first award of the reference court after the Amendment Act or from the award on which the applicant bases the claim.
  2. 2 Whether the Collector is competent to award interest on additional compensation under Section 28-A.

Ratio Decidendi

The time limit for making an application under Section 28-A is to be computed from the date of the award of the reference court on which the applicant bases the claim for re-determination of compensation. The Collector is competent to award interest on the additional amount of compensation awarded under Section 28-A(2), by operation of Section 34 of the Land Acquisition Act.

Court Disposition

Review Petitions dismissed

Orders

  • No order as to costs.