- (1.) The issue that arises for consideration in this petition is as to whether a person interested, who has not accepted the award made under Section 11 of the Land Acquisition Act, 18941, and has filed an application before the Collector under Section 18 of the Act, can file an application under Section 28-A of the Act for redetermination of the amount of compensation.
(2.) The Special Land Acquisition Officer made the award under Section 11 of the Act on 5 July 1978. Mokham, predecessor in interest of petitioner no.1-Dheer Singh had filed an application under Section 18 of the Act and the Reference Court by award dated 30 August 1986 in LAR No.31 of 1979 partly enhanced the amount of compensation. First Appeal (Defective) No.19 of 1987 was filed by Mokham for enhancement of the amount of compensation. It was dismissed under Order 7, Rule 11 of the Code of Civil Procedure, 1908 on 22 October 2002 for the reason that the deficiency in Court fees had not been made good. The restoration application along with delay condonation and substitution applications 1 the Act 2 were also rejected on 22 May 2013. The Special Leave to Appeal to assail the said order dated 22 May 2013 was also dismissed by the Supreme Court on 9 September 2013. The application for recalling the orders dated 22 October 2002 and 22 May 2013 has also been rejected by the High Court on 22 May 2014.
(3.) However, certain tenure holders, whose lands had been acquired by the same notification issued under Section 4(1) of the Act, had also filed First Appeals against the award made by the Reference Court. These First Appeals were decided on 3 December 2014 and the amount of compensation was increased.;