Summary
The Collector decided a timely compensation-redetermination application while appeals against the relied-on awards were pending. Although a later second application was not maintainable, the Court directed reconsideration of the original application in light of the appellate enhancement because the Collector should have awaited finality.
Issues
- Whether the Collector should decide section28A redetermination while the relied-on award is under appeal.
- Whether the bar on successive applications prevented correction of the premature original decision.
Provisions considered
- Section28A, Land Acquisition Act, 1894A timely original application must await the appellate outcome of its relied-on award. The single-application rule remained intact, but the premature decision was set aside for fresh consideration of the original application. (¶ 8–18)
Held
- Once an award relied upon in a timely section28A application is appealed, the Collector should keep redetermination pending and act on the final appellate determination, avoiding inconsistent compensation and unnecessary public burden. (¶¶ 9–10, 13–14, 17)
- Only one redetermination application is maintainable, and limitation is reckoned from the qualifying Reference Court award rather than the later appellate judgment. Pradeep Kumari allows reliance on an eligible award other than the first, subject to its prescribed conditions. (¶ 11–12)
- The second application remained incompetent. The distinctive fault was the Collector’s disposal of the first application during the pending appeals; in these peculiar facts the beneficial provision warranted reconsidering that original application, adjusting sums already paid. (¶ 15–18)
Result
Appeal disposed of without costs. Collector’s premature order set aside; original application to be decided afresh in light of the High Court judgment within three months of presentation of this judgment, with consequential benefits disbursed within a further month and earlier payments adjusted.