BIR WATI & ORS. versus UNION OF INDIA & ANR.

Citation: [2017] 7 S.C.R. 647 · Decided: 17-08-2017 · Supreme Court of India · Bench: R.K. AGRAWAL, ABHAY MANOHAR SAPRE · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

. < 
[2017] 7 S.C.R. 647 
BIR WAT! & ORS. 
v. 
UNION OF INDIA & ANR . 
(Civil Appeal No. 8938 of201 l) 
AUGUST 17,2017 
[R.K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.[ 
A 
B 
Land Acquisition Act, 1894 - ss.18, 28-A -
When an 
application of a landowner u/s.18 is dismissed on the ground of 
delay then the said landowner is entitled to make an application 
C 
uls.28-A if other conditions prescribed therein are fulfilled - One 
· of the requirements to apply .to the Collector uls.28-A of the Act is to 
make an application within three months ji-om the date of the award 
passed in other cases - In this case, three months already expired 
and the appellants were not able to make the application within 
three months or thereafter till date - However, having regard to the 
D 
peculiar facts and circumstances of the case wherein firstly, the 
bread earner of the appellants' family died during the pendency of 
the proceedings before the Collector long back; secondly, one of 
the appellants also expired during pendency of this appeal; and 
thirdly, all the appellants were illiterate and unaware of the 
E 
proceedings in question for years even after passing of the award 
and were also unaware of the legal and procedural requirements 
prescribed in the Act - Therefore, exercising power u/Art.142 of the 
Constitution, permission is granted to appellant to apply u/.28-A -
Constitution of India - Art. 142. 
-
Disposing of the appeal, the Court 
HELD: This is a fit case to allow the appellants to make an 
application to the concerned Collector under Section 28-A of the 
Act within three months from the date of receipt of this judgment 
F 
i.e. on or before 17.12.2017 praying therein for payment of 
compensation to them in the light of the enhanced compensation, 
G 
if already found awarded to other landowners in these very 
acquisition proceedings by the reference Court. This indulgence 
to apply under Section 28-A of the Act is granted to the appellants 
by this Court in exercise of powers conferred under Article 142 
H 
647 
648 
SUPREME COURT REPORTS 
[2017] 7 S.C.R. 
A of the Constitution with a view to do complete and substantial 
justice to the appellants. The Collector shall decide the application 
once made by the appellants within three months and release the 
payment of compensation in favour of appellants after making 
proper verification about their family relations with the original 
B 
claimant etc. [Paras 15-17] [651-G, H; 652-A-CI 
c 
Union of India & Am: v. Hansoli Devi & Ors. (2002) 7 
SCC 273 : [20021 2 Suppl. SCR 324 - relied on 
Case Law Reference 
[20021 2 Suppl. SCR 324 
relied on 
Para 10 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8938 
of20ll. 
From the final Judgment dated 09.03.2006 passed by the High 
D 
Court of Delhi at New Delhi in L.A. (App) Nos. 587-589 of2005. 
E 
Sudhir Naagar, Adv. for the Appellant. 
Ms. Rachana Srivastava, Ms. Monika, Sukrit R. Kapoor, Ms.Nitya 
Madhusoodanan, Vishnu B. Saharya, Viresh B. Saharya (for Mis Saharya 
& Co.), Advs. for the Respondents. 
The Judgment of the Court was delivered by 
ABHAY MANOHAR SAPRE, J. 1. This appeal is filed against 
the final judgment and order dated 09 .03 .2006 passed by the High Court 
of Delhi at New Delhi in L.A. Appeal Nos.587-589 of2005 at Chandigarh 
in C.R. No. 3823 of2005 whereby the High Court dismissed the appeal 
F 
filed by the appellants herein affirming the order dated 21.04.2005 of the 
Additional District Judge, Delhi in L.A.C. No.21 of2000 dismissing the 
reference petition filed by the appellants-claimants under the Land 
Acquisition Act as barred by limitation. 
2. The facts of the case lie in a narrow compass. They, however, 
G need mention in brief to appreciate the short controversy involved in the 
appeal. 
H 
3. The appellants are legal representatives of one Jugal Kishore. 
On 06.04.1964, the appropriate Government (Delhi) issued a notification 
under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred 
BIR WAT! & ORS. v. UNION OF INDIA & ANR. 
[ABHAY MANOHAR SAPRE, J.] 
649 
· to as "the Act") for acquiring a huge track of land in nearby areas of A 
Delhi. The acquisition was for a public purpose, viz., "planned 
development of the area". 
4. It was followed by the declaration issued under Section 6 of 
the Act on 15.06.1965 followed by issuance ofnotices under Sections 9 
and 10 of the Act to all the interested persons whose lands were acquired 
B 
pursuant to the aforementioned notifications. The La
Excerpt shown. Read the full judgment & AI analysis in Lexace.