LexBABUA RAM versus STATE OF U.P.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
BABUARAM
v.
STATE OF U.P.
OCTOBER 4, 1994
[K. RAMASWAMY AND N. VENKATACHALA, JJ.]
Land Acquisition Ac~ 1894 as amended by Land Acquisition (Amend-
ment) Act, 1984 (w.e.f September 24, 1984}-S.28A-/nterpretation of-Held,
S.28A is prospective and does not apply to awards made prior to
C 24.9.84-Also, held, where owner of other land covered by same notification
is awarded higher compensation by civil court on a reference under S.18, any
interested person in land acquired under same notification who did not avail
right and remedy of reference is aggrieved persolt-Award of civil court of
original jurisdiction on reference is award referred to in S.28A ( 1 )-:ludgment
and decree of High Court or Supreme Court not award under
D s.28A(l}-Redeterrnination under s.28A should however be kept pending by
Collector/LAO till appeals are finally disposed of-Where appellate forum
affinns or reduces award of civil court, redetennination shall be on that
basis-Held further, provision intended for poor and inarticulate, and is not
available for (hose who had sought and secured reference and failed in civil
E court or further in appeaf-Ss.18(1) r/w 31 (2), 4( 1), 26.
F
Land Acquisition Act, 189.f-Ss.28A Proviso, 26-Limitatiolt-Whether
successive aw{lTds made by civil court at different times in respect of land
covered by same notification furnish separate causes of action-Held, limita-
tion begins to nm from date of award of court under S.26-Where there is
more fhan one reference, (he earliest award is relevant for computing limita-
tion.
Land Acquisition Ac~ 189.f-S.28A-Whether a transitional prpvision
-Held, Land Acquisition (Amendment) Act, 1984 Expressly provided for
G transitional provision and S.28A is apart from it-Further, language of
provision indicates that it is intended to operate in perpetuity-Land Acquisi-
tion (Amendment) Act 1984, S.3(}-{nterpretation of Statutes.
Constitution of India-Article 14-Land Acquisition Act, 189.f-S.28A
-Difference in treatment between those who failed to avail the remedy of
H reference and (hose who were unsuccessful interested persons--Whether viola-
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BABUARAMv. STATE
149
tive of Article 14-Held, similar persons who availed of remedy but were A
unsuccessful are a distinct class-Legislature having intended to relieve
hardship to poor, indigent and inarticulate interested persons, classification
based on intelligible differentia and bears reasonable relation to object of
according another opportunity.
Land Acquisition Act, 189-f-Ss.26, 28A, 11, 18, 5-f-Whether B
beneficiary has right of reference from award of Collector under S.28A-Held,
offer of Collector being on behalf of State and the beneficiary, they may not
seek reference under S.llf-Award of Collector under S.28A (2) partakes the
same character as offer and not a decision, and beneficiary stands excluded
under S.28A(3 ).
C
Constitution of Indiir-Articles 226, 227-Land Acquisition Ac~ 189-f-
S.28A-Held, State or beneficiary may challenge award of Collector under
S.28A only under Articles 226 and 227.
Land Acquisition Act, 189-f-S.28A-Haryana and H.P. Amend-
D.
ments-S.18(2A)-Held, permit the state to seek reference against an award
under s.28A.
Intepretation of statutes-Aids to constrnctio1t-Statement of Objects
and Reasons-Held, it may be looked into to know what induced introduction
~-
E
S.28A of the Land Acquisition Act, 1894 ('Act') was introduced by
the Land Acquisition (Amendment) Act, 1984. It provided for the redeter-
mination of the amount of compensation on the basis of the award of the
court, to be paid to persons interested notwithstanding that they had not
made an application for reference under s.18 to the Collector. Various
issues arising as to the Import of S.28A, including questions about
prospectivity, the persons included within its scope, whether 'award'
referred to therein is an award of only the original civil court or also of
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the appellant courts,the computing of limitation, and the right of a
beneficiary to seek a reference, this Court issued notice to all the State G
Government and the Central Government.
Disposing of the appeals, this Court
HELD : 1. S.28A is prospective from the date the Act came into force,
i.e. September 24, 1984. It does not apply to an award under S.26 made H
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SUPREME COURT REPORTS (1994] SUPP. 4 S.C.R.
A prior to that date. The verb "allows" in S.28(1) indicates that the right to
an aggrieved person arises uExcerpt shown. Read the full judgment & AI analysis in Lexace.