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Civil Property & InheritanceSupreme Court of India

Ramsingbhai (Ramsangbhai) Jerambhai v. The State of Gujarat and Anr.

Civil Appeal · 2018 INSC 405Decided 24 Apr 2018
Civil Appeal No. 4885 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar · Justice Navin Sinha

Background

The appellant sought to use a favourable High Court judgment (passed in an appeal under Section 54 of the Land Acquisition Act, which had enhanced compensation for some landowners) as the basis to ask the Collector to re-determine his own compensation under Section 28A of the Act: a provision that lets landowners who did not separately litigate "piggyback" on a court's enhanced award. The core legal question was whether Section 28A's three-month window to seek such re-determination runs from an appellate court's judgment (High Court/Supreme Court) or only from an "Award" of the Reference Court (the trial-level court that first decides compensation disputes).

Decision Breakdown

The Supreme Court held that Section 28A's redetermination mechanism applies only to an "Award" passed by the Reference Court under Part III of the Act, not to judgments of appellate courts (High Court or Supreme Court) delivered under Section 54, which falls under a different part (Part VIII) of the Act. It relied on its own precedent (Jose Antonio Cruz Dos R. Rodriguese and Bharatsing) confirming this settled legal position, while clarifying that if the case is still pending in appeal before higher courts, the Collector should wait for the final appellate verdict before acting on a Section 28A application tied to the Reference Court's award. Since the appellant was seeking redetermination based on the High Court's appellate judgment rather than the Reference Court's original award, he was not entitled to the relief sought, and the appeal was dismissed with no costs.

Lesson Learnt

A landowner wanting the benefit of a higher compensation award secured by other landowners under Section 28A of the Land Acquisition Act must base that claim on the trial-level Reference Court's award, not on a later appellate court's judgment: the right under Section 28A does not extend to High Court or Supreme Court enhancement judgments.

Ramsingbhai (Ramsangbhai) Jerambhai v. The State of Gujarat and Anr. – Legal Case Shots | LegalAware