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Supreme Court Of India

(From: AIR 2015 Guj 668)

Hon'ble Judge(s): Kurian Joseph, Mohan M. Shantanagoudar, Navin Sinha , JJJ

Land Acquisition Act (1 of 1894) , S.28A, S.54— Re-determination of compensation - Is available only in respect of 'award' passed by 'Court' under Part III of Act - Judgment of Appellate Court is not within purview of S. 28. Redetermination under S. 28A is available only in respect of 'Award' passed by 'court' under Part III of Act, comprising Ss. 18 to 28A (both inclusive). 'Court' referred to in S. 28A of Act is court as defined under S. 3(d) to mean '... principal civil court of original jurisdiction...'. Thus, judgment of Appellate Court is not within purview of S. 28A. It is also to be noted that Appellate Courts under Section 54 are under Part VIII of Act whereas redetermination is only in respect of Award passed by the Reference Court under Part III of the Act. Hence, application for re-determination of compensation cannot be filed within period of 3 months from date of judgment of High Court or Supreme Court in appeal under S. 54 of Act.(Para 3 4) .....