M.Y.EQBAL, J. - (1.) IN this writ application the petitioner Central Coalfields Ltd. has prayed for quashing the order passed by the District Land Acquisition Officer, Hazaribagh in Land Acquisition Case No. 1/2000 -01 whereby he has redetermined, the amount of compensation under Section 28A of the Land Acquisition Act and directed the petitioner to deposit the difference of amount of compensation.
(2.) THE facts of the case lie in a narrow compass. The land of Khata No. 7 of village Tapin, P.S. Mandu measuring 12.10 acres was acquired under the provisions of Land Acquisition Act, 1884 (in short the said Act) and a Land Acquisition Case No. 20/78 -79 was initiated and a sum of Rs. 74,473.54 was awarded by the Land Acquisition Officer vide award dated 12.6.84. It appears that one Mr. Parmeshwar Prasad and Baidyanath Prasad whose land was also acquired moved the Land Acquisition Officer for reference under Section 18 of the said Act for the enhancement of compensation. The Land Acquisition Judge by Judgment and order dated 16.7.90 enhanced the compensation amount. On the basis of the said award passed by the Land Acquisition Judge respondent Nos. 3 to 5 filed an application under Section 28A of the said Act on 29.6.2000 before the Land Acquisition Officer for - re -determination of compensation. Petitioner filed objection before the Land Acquisition Officer challenging the maintainability of the application on the ground of limitation as it was filed after 9 years from the date of the award passed by the Court in the Reference Case. The Land Acquisition Officer after hearing the parties allowed the said application filed by respondent Nos. 3 to 5 and re -determined the compensation amount.
(3.) SECTION 28A was introduced by Section 19 of the Land Acquisition (Amendment) Act. 1984 with effect from 24.9.1984. The new Section provides for reconsideration, in certain circumstances of the award of the Collector which has become final, in the light of the award of the Court in other cases. Section 28A reads as under : - - "Re -determination of the amount of compensation on the basis of the award of the Court (1) where in an award under this part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 11, the persons interested in all the other land covered by the same notification under Section 4, Sub -section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had made an application to the Collector under Section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re -determined on the basis of the amount of compensation awarded by the Court : Provided that in computing the period of three months within which an application to the Collector shall be made under this sub -section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector shall, on receipt of an application under Sub -section (1), conduct enquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under Sub -section (2) may, by written application to the Collector, require that the matter be referred by the Collector the determination of the Court and the provisions of Sections 18 to 28 shall, so far as may be apply to such reference as they apply to a reference under Section 18.";