Summary
After dismissal of a delayed Section 18 land-acquisition reference, the Court permitted these claimants to seek redetermination under Section 28-A. Although that provision’s ordinary three-month period had also expired, exceptional family circumstances, illiteracy and long lack of awareness justified case-specific Article 142 relief. The Collector still had to verify eligibility and any enhancement awarded to similarly situated owners; delayed-period interest was excluded.
Issues
- Whether dismissal of a Section 18 application as delayed precluded Section 28-A relief.
- Whether exceptional Article 142 permission should be given despite the further expiry of time.
Held
- A time-barred Section 18 reference did not itself preclude a Section 28-A application if the other conditions were fulfilled, following Hansoli Devi. (¶ 10–13)
- Because the ordinary Section 28-A period had expired, the fresh opportunity depended expressly on Article 142 and the peculiar deaths, illiteracy and lack of knowledge. This was not a general statutory extension power. (¶ 14–16)
- The Collector was to inquire into compensation, if payable on the basis of enhancement in the same acquisition, verify family relationship, decide within three months of application and release the amount. No interest of any nature was allowed for the claimants’ delay. (¶ 15–17)
Result
Appeal disposed of without costs; special permission granted to apply under Section 28-A by the stated deadline, with inquiry and payment subject to verification and exclusion of delay-related interest.