land acquisition
allurisivajiraju
(Querist) 15 September 2010
This query is : Resolved
Respected Seniors, Government acquired 5 Acres of land by giving compensation of Rs. 1,00,000-00 per acre which belongs to the 8 persons. After taking compensation from the RDO the said 8 persons filed a petition in High Court for enhancement of Compensation. High court given direction to RDO for conduct enquiry to assess the real value of the said property and also HighCourt given a direction to the petitioners to file a OP in lower Court.
Later on 6 persons are filed a OP in lower court and 2 persons are not joined as parties in the said OP due to lack of knowledge. Then court enhanced the compesation from 1 lakh to 3 lakhs per acre. Now the above said 6 persons are ready to take their compesation with their respective shares.
In the above circumstances is there any suggession to the said 2 persons to get extra compensation awarded by lower court with their respective shares. In fact theabove said 2 persons are not a party in the above said OP but they are parties in a petition filed by them in High Court.
Thanking you in advance.
Prakash Yedhula
(Expert) 15 September 2010
Section 28 A of the Land Acquisition Act provides a remedy to the other 2 persons.
SECTION 28A: [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 not 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-deter- mined 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 an inquiry 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 for the determination of the Court and the provisions of sections 18-to28-shall, so far as may be, apply to such reference as they apply to a reference under section 18-.]
