VidhiSangh

Supreme Court of India · 12/12/2017

BHARATSING S/O GULABSINGH JAKHAD & ORS. versus THE STATE OF MAHARASHTRA & ORS.

[2017] 14 S.C.R. 470 · 2017 INSC 1218

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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

  1. Whether the Collector should decide section28A redetermination while the relied-on award is under appeal.
  2. Whether the bar on successive applications prevented correction of the premature original decision.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 470.