TMI Blog1996 (11) TMI 476X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the applicant from the date of the Award under Section 18 of the Act or even from the date of the decision of the appeal, if any, preferred against the Award. In order to appreciate the point raised, we may at once read Section 28-A insofar as it is relevant: 28-A. Re-determination of the amount of compensation on the basis of the award of the court (1) Where in an award under this Part, 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 not made an applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rate for determination of compensation was revised to ₹ 5 per sq.m. However, in another award made in LAC No. 406 of 1981 on 14th October, 1985, compensation was allowed for a different plot at ₹ 9 per. sq.m. In yet another award, in LAC No. 417 of 1981, made on the same day, compensation was awarded for another plot at the rate of ₹ 10 per sq.m. In appeal, the High Court, by its judgment dated 24th February, 1987, reduced the rate to ₹ 5 per sq.m. Thereafter, the appellant in Civil Appeal arising from S.L.P. No. 24435 of 1995, applied, on 13th May, 1987, under Section 28-A of the Act, for re-determination of compensation for his plot of land. So also, the appellant in Civil Appeal arising from S.L.P. No. 24584 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction. Section 23 then sets out the matters to be taken into consideration in determining the compensation to be awarded for the acquired land, and Section 24 indicates the matters to be omitted from consideration. Section 26 provides that the award shall be in writing signed by the judge which shall be deemed to be a decree within the meaning of Clauses (2) and (9) of Section 2 of the Civil Procedure Code, 1908. Section 27 provides for costs to be awarded and Section 28 provides for payment of interest on excess compensation. We then come to Section 28-A. The first part of the Section begins with the words 'where in an award under this part, Court allows to the applicant any amount of compensation in excess of the amount awarded by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred to therein is again the court referred to in Section 2(d) of the Act, i.e., the Principal Civil Court of Original jurisdiction. The plain language of Section 28-A, therefore, prescribes the three months period of limitation to be reckoned from the date of the award by the Court disposing of the reference under Section 18, and not the appellate Court dealing with the appeal against the award of the reference court. 5. We may now refer to the case law. A two-judge Bench of this Court in Babua Ram v. State of U.P. (1995)2SCC689 , dealt with this precise question and held that the period of limitation begins to run from the date of the first award made on a reference under Section 18 of the Act, and successive awards cannot save the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view that both the applications were time-barred. 6. However, counsel for the appellants drew our attention to an order made in the present proceedings by a two-judge Bench on November 13, 1995, reported in [1996] 1 SCC 88, referring two questions to a five-judge Bench, namely: 1. Whether the award of the Court, i.e. Civil Court made under Section 26 on reference under Section 18 would also include judgment and decree of the appellate court under Section 54? 2. Whether each successive award or judgment and decree (if answer on question No. 1 is positive) would give cause of action to file application under Section 28-A; if so construed, does not such a construction violate the language used in Section 28-A when Parliament adv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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