V. RAMAKRISHNA RAO versus THE SINGARENI COLLIERIES COMPANY LTD. AND ANR.

V. RAMAKRISHNA RAO versus THE SINGARENI COLLIERIES COMPANY LTD. AND ANR.

Section 28A(3) is maintainable; a person dissatisfied with award under Section 28A(2) may seek reference to the court, even after enhancement under 28A(1). The applicant cannot get compensation higher than the one payable to those who sought reference under Section 18.

Parties
Appellant: V. Ramakrishna Rao; Respondent No. 1: The Singareni Collieries Company Ltd.; Respondent No. 2: State (Andhra Pradesh)
Jurisdiction
India
Judgment Date
05 October 2010
Procedural Posture
Civil Appeal / Appeal Against Division Bench Judgment of Andhra Pradesh High Court
Outcome
Appeal allowed
Legal Topics
Land Acquisition Act, 1894 Section 28 a, Compensation, Market Value, Equality Under Constitution
Land Acquisition Constitutional Law Land Acquisition Act, 1894 Section 28 a Compensation Market Value Equality Under Constitution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

V. Ramakrishna Rao

Appellant

The Singareni Collieries Company Ltd.

Respondent No. 1

State (Andhra Pradesh)

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal Against Division Bench Judgment of Andhra Pradesh High Court

Legal Issues

  1. 1 Whether application filed under Section 28A(3) of Land Acquisition Act, 1894 is maintainable after receiving enhanced compensation under Section 28A(1)
  2. 2 Limits of compensation determination under S.28A vis-à-vis other land owners

Ratio Decidendi

Section 28A(3) is maintainable; a person dissatisfied with award under Section 28A(2) may seek reference to the court, even after enhancement under 28A(1). The applicant cannot get compensation higher than the one payable to those who sought reference under Section 18.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of Division Bench set aside
  • Application under Section 28A(3) is maintainable