Hon'ble Dr. B.S. Chauhan, J. - (1.) THIS writ petition has been filed challenging the order dated 23.02.2004, by which Reference Court rejected the application of the petitioner under Section 28-A of the Land Acquisition Act, 1894 (hereinafter called the Act).
(2.) THE facts and circumstances giving rise to this case are that the land of the petitioner was acquired under the provisions of the Act issuing Notification under Section 4 on 04.05.1973 and Declaration under Section 6 on 04.08.1973.THE Award was made, against which some of the persons interested filed Reference under Section 18 of the Act which was decided on 11.12.1991 by the Court concerned. On the basis of the said Reference Award dated 11.12.1991 petitioner filed an application under Section 28-A of the Act claiming the same rate for her land which was rejected vide impugned judgment and order of the Reference Court holding it to be not maintainable only on the ground that the application was not maintainable as the petitioner had not filed application under Section 18 of the Act before the Reference Court. Hence this petition. Admittedly, Section 28-A is made for the poor, ignorant and inarticulate people who being little Indian cannot afford to file a Reference under Section 363 18 of the Act. However, the issue is as to whether such a poor person is to be examined by the Court. But, it is admittedly only for those who had not filed the application for Reference under Section 18 of the Act. The Reference Court placed reliance upon certain judgments of the Hon'ble Supreme Court wherein it has been held that the application under Section 28-A can be maintained provided an application under Section 18 had been filed. It does not be a correct preposition of law. Section 28-A of the Act was inserted in the Act by Amendment Act No.68 of 1984 and it provides for redetermination of the amount of compensation on the basis of the award of the Court in respect of a land which has also been acquired in the same land acquisition proceedings if the applications are filed within a period of three months from the date of the award of the Court.
(3.) THE scope of provisions of Section 28-A was considered by the Supreme Court in Mewa Ram Vs. State of Haryana, (1986) 4 SCC 151 and the Court placed particular emphasis on para 2(ix) of the object and reasons which provided for a special provision for inarticulate and poor people to apply for redetermination of the compensation amount on the basis of the court award in a land acquisition reference filed by comparatively affluent land owner. THE Apex Court observed as under: "Section 28-A in terms does not apply to the case of the petitioners.......THEy do not belong to that class of society for whose benefit the provision is intended and meant, i.e. inarticulate and poor people who by reason of their poverty and ignorance have failed to take advantage of the right of reference to the civil court under Section 18 of the Land Acquisition Act, 1894. On the contrary, the petitioners belong to an affluent class......." The Apex Court approved the law laid down in Mewa ram (Supra) again in Scheduled Caste Cooperative Owning Society Ltd. Batinda Vs. Union of India and others, AIR 1991 SC 730.;