Allahabad High Court Upholds Enhanced Compensation for Landowners Under Section 28-A

Landmark Judgment Ensures Equitable Treatment in Compensation Awards for Land Acquired Under Same Notification

In a significant ruling, the Allahabad High Court has upheld the enhanced compensation awarded to landowners under Section 28-A of the Land Acquisition Act, 1894, following the acquisition of land by the Krishi Utpadan Mandi Samiti (KUMS) in Moradabad. The Division Bench of Justices Mahesh Chandra Tripathi and Amitabh Kumar Rai dismissed the writ petitions filed by KUMS, seeking to quash the re-determination of compensation and directed the compliance of the order dated February 17, 2022, passed by the Special Land Acquisition Officer (SLAO), Moradabad.

The judgment underscores the beneficent nature of Section 28-A, emphasizing its role in rectifying disparities in compensation payments among similarly situated landowners. The court reaffirmed the liberal interpretation of this provision, as established by the Supreme Court in the landmark case of Banwari v. Haryana State Industrial and Infrastructure Development Corporation Limited (HSIIDC), ensuring that landowners who did not initially file references under Section 18 can seek redetermination based on subsequent awards.

The case stems from the acquisition of 47.98½ acres of land in village Majhola, Moradabad, for constructing a market yard. While some landowners received enhanced compensation following legal challenges, others, particularly those unable to initially pursue references, sought redetermination under Section 28-A. The SLAO had re-determined the compensation at ?108 per square meter, including statutory benefits, which was challenged by KUMS on grounds of limitation and maintainability.

The court dismissed these objections, citing the Supreme Court's clarification that the limitation period for Section 28-A applications begins from the date of the award relied upon for redetermination. The landowners' applications were found to be well within the prescribed period, leading to the dismissal of KUMS' petitions.

The judgment marks a pivotal moment in land acquisition jurisprudence, highlighting the importance of equitable treatment and the legislative intent behind Section 28-A. The court's directive for immediate compliance ensures that landowners receive their rightful dues, ending decades of litigation and financial uncertainty.

Bottom Line:

Land Acquisition Act, 1894, Section 28-A - Beneficent provision for redetermination of compensation - Liberal interpretation required to remove inequality in payment of compensation to similarly situated landowners.

Statutory provision(s): Land Acquisition Act, 1894, Section 28-A

Ved Prakash Saini v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2782934