UNION OF INDIA versus HANSOLI DEVI & ORS.

UNION OF INDIA versus HANSOLI DEVI & ORS.

Dismissal of an application for reference under Section 18 of the Land Acquisition Act, 1894, on grounds of limitation or technical defect does not constitute an 'effective application'; such applicants are entitled to apply under Section 28-A if other conditions are met. Receipt of compensation with or without protest is irrelevant to rights under Section 28-A; any person who has not applied under Section 18 is 'aggrieved' and may apply when another reference is answered.

Parties
Applicant: Union of India; Respondent: Hansoli Devi & Ors.
Jurisdiction
India
Judgment Date
12 September 2002
Procedural Posture
Civil Appeal / Reference to Constitution Bench; Questions Referred; Judgment Rendered
Outcome
Questions referred answered; appeals and special leave petitions to be placed before a bench of two judges for disposal.
Legal Topics
Re Determination of Compensation Under Section 28 a, Beneficiaries Under Section 28 a, Interpretation of 'effective Application', Meaning of 'aggrieved Person'
Land Acquisition Statutory Interpretation Re Determination of Compensation Under Section 28 a Beneficiaries Under Section 28 a Interpretation of 'effective Application' Meaning of 'aggrieved Person'

Case Brief

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Parties

Union of India

Applicant

Hansoli Devi & Ors.

Respondent

Procedural Posture

Civil Appeal / Reference to Constitution Bench; Questions Referred; Judgment Rendered

Legal Issues

  1. 1 Whether dismissal of an application seeking reference under Section 18 on the ground of delay amounts to 'not filing an application' within Section 28-A
  2. 2 Whether a person whose application under Section 18 is dismissed on the ground of delay or technical ground can maintain an application under Section 28-A
  3. 3 Whether a person who has received compensation without protest and not filed an application under Section 18 is 'aggrieved' for Section 28-A purposes

Ratio Decidendi

Dismissal of an application for reference under Section 18 of the Land Acquisition Act, 1894, on grounds of limitation or technical defect does not constitute an 'effective application'; such applicants are entitled to apply under Section 28-A if other conditions are met. Receipt of compensation with or without protest is irrelevant to rights under Section 28-A; any person who has not applied under Section 18 is 'aggrieved' and may apply when another reference is answered.

Court Disposition

Questions referred answered; appeals and special leave petitions to be placed before a bench of two judges for disposal.

Orders

  • Appeals and special leave petitions to be placed before a bench of two judges for disposal.