KANTIBHAI NANUBHAI PATEL Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) The short question that arise for consideration in this petition is whether a second application under Section 28A of the Land Acquisition Act, 1894 is maintainable?

(2.) The brief facts of the case are that the Petitioners are the owners of the land survey No. 298/1 admeasuring 13557 sq.mtrs. situated at village Kavas, Taluka: Choryasi, District: Surat. The land of the Petitioners was acquired by the State Government by issuance of Notification under Section 4 of the Land Acquisition Act,1894 (for short "Act") on 4.6.1986. The declaration under Section 6 of the Act was published on 4.5.1987 and the Award under Section 11 of the Act was passed on 5.7.1989 and compensation at the rate of Rs. 7.00 per sq. mtr. was awarded. The Petitioners' father did not make any application for reference under Section 18 of the Act. However, some other person whose land was acquired by the same notification, made a reference under Section 18 of the Act which was ultimately decided in Land Reference case No. 84 of 1989 and the amount of compensation was enhanced to Rs. 20/- per sq.mtr. by the judgment dated 30.9.1996 by the Reference Court. The father of the Petitioners Nanubhai Narsinhbhai made an application under Section 28A of the Act on 27.5.1999 on the basis of the award passed in Reference case No. 84 of 1989. The Reference Application filed under Section 28A was rejected as time barred. The father of the Petitioners did not challenge the order passed under Section 28A of the Act in higher forum. Therefore, the order dismissing Reference Application under Section 28A filed by the Petitioners' father became final.

(3.) With regard to the same acquisition, Reference case No. LRC No. 132 of 1989 was decided on 26.11.2010. On the basis of this award dated 26.11.2010, since the father of the Petitioners had died and the Petitioners were their heirs and succeeded to the property, they made an application under Section 28A of the Act for enhancement of compensation on 13.1.2011. This application of the Petitioner has been rejected within two weeks without hearing the Petitioner by the order dated 27.1.2011 which has been challenged by the Petitioners in this petition.