Supreme Court of India
UNION OF INDIAversusHANSOLI DEVI & ORS.
- Citation
- 2002 INSC 379
- Decided
- 12 September 2002
- Disposal
- Reference answered
- Bench
- G B PATTANAIK
Holding
Dismissal of a Section 18 application on delay is deemed not to have filed an application under Section 28‑A, and such a landowner, as well as any person who received compensation without having filed a Section 18 application, is an aggrieved person entitled to file under Section 28‑A.
Summary
The Supreme Court examined the scope of Section 28‑A of the Land Acquisition Act, 1894, which allows a fresh application for re‑determination of compensation. It considered whether a dismissal of an application under Section 18 on the ground of delay amounts to "not filing an application" within the meaning of Section 28‑A, and whether a person who received compensation without protest but never filed a Section 18 application is an "aggrieved person". The Court held that dismissal on delay is equivalent to not having made an effective application, thereby entitling such a landowner to file under Section 28‑A if other conditions are met. It also held that receipt of compensation, with or without protest, does not preclude a person from being an aggrieved person under Section 28‑A if they have not made a Section 18 application. The Court clarified that the language of Section 28‑A must be given its plain meaning, rejecting any construction that would add conditions not intended by the legislature. Consequently, the appeals and Special Leave Petitions were directed to be placed before a larger bench for disposal, rather than being decided by a two‑Judge bench.
Issues considered
- Whether dismissal of an application for reference under Section 18 on the ground of delay amounts to "not filing an application" within the meaning of Section 28‑A.
- Whether a person whose Section 18 application is dismissed on delay or technical grounds is entitled to maintain an application under Section 28‑A.
- Whether a person who has received compensation (with or without protest) and has not filed a Section 18 application is a "person aggrieved" under Section 28‑A.
Legislation cited
- Land Acquisition Act, 1894s. 11, s. 18, s. 26, s. 28-A
Subjects
Land acquisitionSection 28-ARe‑determination of compensationStatutory interpretationLimitation periodAggrieved personReference under Section 18
Judgment
A UNION OF INDIA
V.
HANSOLI DEVI & ORS.
SEPTEMBER 12, 2002
B [G.B. PATTANAIK, M.B. SHAH, DORAISWAMY RAJU, S.N.
VARIA VA AND D.M. DHARMADHIKARI, JJ.]
Land Acquisition Act, 1894: Section 28-A-Scope and ambit of-Held,
C an application under Section 18 if not considered on ground of limitation. it
would not tantamount to an effective application-Right of such applicant
emanating from other reference to move an application cannot be denied.
Section 28-A-Aggrieved person-Meaning of-Held, the person who
received compensation but not filed an application for making reference would
D be aggrieved person-He is entitled to file an application when other
applications for reference ate answered by the reference court otherwise it
would amount to adding a condition, not contemplated by the Legislature.
Interpretation of Statutes: Statues-Anomalies, injustices and
absurdities-Court may give meaning which would adhere to the purpose of
E statutes-However, when its language is unambiguous, it would not be open
to the Courts to adopt hypothetical construction on the ground of consistency
with the object and policy of the Statute.
Words and Phrases: 'effective application'-Meaning of in the context
of Section 28-A of the Land Acquisition Act, 1894.
F
A two-Judge Bench of this Court formulated the following questions
pertaining to application/interpretation of Section 28-A of the Land
Acquisition Act, 1894 for consideration by a Larger Bench.
I. (a) Whether dismissal of an application seeking reference under
G Section 18 on the ground of delay amounts to "not filing an appHcation"
within the meaning of Section 28-A of the Land Acquisition Act, 1894?
(b) Whether a person whose application under Section 18 of the Land
Acquisition Act, 1894 is dismissed on the ground of delay or any other
H technical ground is entitled to maintain an application under Section 28-A
324
U.0.1. v. HANSOLI DEVI 325
of the Land Acquisition Act? A
2. Whether a person who has received the compensation without
protest pursuant to the award of the Land Acquisition Collector and has
-- not filed an application seeking reference under Section 18 is "a person
aggrieved" within the meaning of Section 28-A?
B
Answering the questions referred to it, the Constitution Bench of the
Court
HELD: 1.1 The genesis of the dispute can be referred to Babua Ram
and Ors. v. State U.P. and Anr. A Bench of two Judges came to hold 'that
the period of three months prescribed under Section 28-A of the Land C
Acquisition Act, for making an application for re-determination of
compensation must be computed from the date of earlier award of the
Court made under Section 26 and not from the date of Judgment and
decree of the Court of appeal. It was also held that successive awards made
by the reference court at different times in respect of the land covered by D
the same notification do not furnish a fresh cause of action. A Bench of
two Judges in Kamai/ Singh' case reiterated these views. The views
expressed in these two judgments, however, stood over-ruled by a three
Judge Bench in Union of India and Anr. v. Pradeep Kumari and Ors. It was
held that the benefit of re-determination of the amount of compensation
under Section 28-A, can be availed of, on the basis of any one of the awards E
that has been made by the Court after coming into force of Section 28-A
and the period of limitation of three months would start from the date of
making of the award on the basis of which re-determination is sought. It
was felt that there is nothing in sub-section (1) of Section 28-A to indicate
that the right is confined in respect of the earlier award that is made by F
the Court. By restricting the benefit of Section 28-A to the first award,
the benefit of higher amount of compensation on the basis of the
subsequent award made by the Court would be denied to the persons, and
that there is nothing in the wordings of Section 28-A to indicate that the
legislature intended to confer a limited benefit. [331-A-E; 331-F; G)
G
Babua Ram and Ors. v. State of U.P. and Anr., [1995) 2 SCC 689;
Union of India and Ors. v. Kamai/ Singh and Ors., (1995) 2 SCC 728 and
Union of India and Anr. v. Pradeep Kumari and Ors., (19951 2 SCC 736, ·-,
referred to.
2.1. It is a cardinal principle of construction of statute that when H
326 ; SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.
A ·language of the statute is plain and unambiguous, then the Court must -
give effect to the words used in the statute and it would not be open to
the'E'ouits to adopt a hypothetical construction on the ground that such
-
cons·truction is more consistent with the alleged object and policy of the
Act.hlfls no doubt true that if on going through the plain meaning of the
B : language of statutes: it leads to anomalies, ~njustices and absurdities, then
·the Court may look mto the purpose for which the statute has been brought
and would try to give a meaning, which would adhere to the purpose of
the statute. (335-B, C; D, El
Aswini Kumar Ghose v. Arabinda Bose, (19531 SCR 1 and Quebec
C Railway, Light Heat & Power Co. v. Vandray, AIR (1920) PC 181, relied on.
Sussex Peemge case, (1844) 11 Cl & F.85 and Kirkness v. John H1idson
& Co. ltd., (1955) 2 All ER 345, referred to.
..
2.2. The object of Section 28-A of the Act is to confer a right of
D making a reference on those who might have not made a reference earlier
under Section 18 and, therefore, ordinarily when a person makes a
reference under Section 18 but that was dismissed on the ground of delay,
he would not get the right of Section 28-A when some other person makes
a reference and the reference is answered. But the Parliament having
E enacted Section 28-A, as a beneficial provision, it would cause great
injustice if a literal interpretation is given to the expression "had not made
an application to the Collector under Section 18" in Section 28-A of the •
Act. The expression would mean that if the land-owner has made an
application for reference under Section 18 and that reference is entertained
and answered. In other words, it may not be permissible for a land owner
F to make a reference and get it answered and then subsequently make
another application when some other person gets the reference answered
and obtains a higher amount. 1335-B, C, DI
2.3. When an application under Section 18 is not entertained on the
G ground of limitation, the same not fructifying into any reference, then that
would not tantamount to an effective application and consequently the
rights of such applicant emanating from some other reference being
answered to move an application under Section 28-A cannot be denied.
Accordingly, question No.l(a) is answered by holding that the dismissal
of an application seeking reference under Section 18 on the ground of delay
H would tantamount to not filing an application within the meaning of
327·:;
Section 287Nof the Land ACquisition:Aet,"1894. 1335-E, F, GI " Ai.
Union of India and Anr. v. Pradeep Kumari and Ors. 119951 2 SCC
736~).:refe~ted·ifo:H nn~J,~Hi~•un··~ .f!1 .e~~:.... ~,,,i·~u. 1 .f ·.r-11 O'J· · -~; . : , ·•~ / id
Ii ".l'i~1i>J.d b·i'Hil~~ :>~i ;~~···1l•1 .. ~~; i·~ .i ~1:L~.ini' uo~ r{,.·J.fF!··· :t·'1 f!,1H
2.4. When an application .Of•a•Iarid·'o\vner-'lihder; Section '18 is
dismissed on the ground of delay, then the said land owner is entitl~d to B
mai<e &rilapplicatiofi'u'ncief Sectio~ iS!A.; 'if othet\:ondilibn's'~r~scr.ibed
therein are fulfilled. 1335-H; 336-AI · "'
or
'i'2~'s." Rec~i\'lt cdmpen·~~tion: wit~ or· witli'o'ut prot~~t pursuant to
•.• ~-' •i;.-1 I' .: ~. - ,·_.I;·~~ 11
the award of the Land Acquisition Collector is ilfnil consequ·ence for the C -;
purpose of making a fresh application under Section 28-A. If a person has
~ ~ ~ : r -.
not filed an application under Section't8 of the Act to make a reference,
the~._irr,~sr,,~ctiy~-Jf.t,~e. f~~t;1 w_h.et~,~r he ~a~ refe,ived_ t.h~ comp.ensation
awarded ,by .the Collector ';·•·1•i·J..•
·1,.1r•• !\..i.:..1f.11,(;·r::;(
with oi:,without·protest;
· ,_;.,-
he..would
.,_._. ··-'"
be
.,_.
a person ,
n.
•..
aggrieved within_
1,,i\)_ !C· !U u1·r.·_:
the meaning,
,.~,f,
•_.I
of Section
~-~-'" .'.\J
.28-A. and
,_,.(·'I•! •
,;,
wo11ld • ·i,.
.be entitled
,,. • ·
to
·
,
make an application. ,
when
v·,_~
i :
some
··,I , .
~ ~
other 1 , :
land ,r
owner's
· • • .' • ;
•,
applicationdor J •
..D
'..
I ! • •• - •• '
reference is answered by the reference court. It is apparent on the plain
langl),agepf,t,~.e prio,visip'!s.of.~ec~ion Z8-t\-oftbe Act. Other.wise, it would
amq'1~L~?~~;lj~ing,2~e m,or;C? CO!)dition, l)Q.t-c;onte,lflplated ontipulated. by ,
the ~~!~}~Jpri; !~se!f.!oA~l!Y lh.e I!enefit•0,f.sub_stantiatright,conferred upon
the lj.;
owner
,·~· .. ··• •5JqfHJ Hl!h.P~' ,J.·1f;"J1'!,
' • · /,,.)J1•·~l
- 1.-- •ul .... : "~ .1 ~ -··1·.· 1· 1 ••' "',• 1rl·-- -··"'
· •· ·•- E
.1.f.~t·.,drit;tLt >uJl~LJ~} ,bi1IH:n,.i .:/ l .L1t1 1 Ctir .·'1 '.'.n.1-\ it!:t·; :;1t".
nr~;.~~~WaJ ~1lsc,ipl!.~.e 1 a.n~· P~'IPr!.ittYr~e"!~-n~ _tll?t'a ;Bench of two
Jud~~~-~~lt~l<l;~o\l~w. ~.~~~!sio9 ~f.¥<i~en,ch,~( t~n;e.J'!-~g~s,.H1Jt .if a Bench
of t'Y,?; Ju~gfs ~~~~l,~1d,esAhM.. ~llieai:J!.~r., J;\ld.gmi;nt ~qf.tll ree~Judge Bench
is so.very, incorrect that in .no ··"~··•
,;jt!1·iJ...:.".."1 ,.) ·"• .1.H-~~•.• ,__~;,1•1
circumstances;can
µ< .. :••·••··•·' • ~
it.,. be-followed,
· • •·
then it
requires to refer the matter before a B1mch ,ofthl'.ee_Ju,:lges; the Bench of F
three Judges if comes to the same co~ci·~~ion; th~~--a ~~~ference could be
made to a Bench of five Judges.. Thus;Jthe,very .teferelice·.itself.made by
the two-Judge Bench.was improper and the matter would have been sent
to a .Uench·of·three Judgi;s for-consideration. But sincertfie ljuestiorts
involved ;ire pelidingoin many cas'es.in diffe~ent High•Cotirts and-certain« -1
doubts have,ar.isen.with.regard•tO the .interpretatilin"to the provisions of' ·O
Section,28·A of the Act, the,questions ·wete considered and•ilnswered"by •
the lar,ger;Benchi (335•B,:G; 329"C-,. D, E, Fl i- - - •<>: • ·1•
Pradip Chandra Parija and Ors., v. Pramod Chandra Patnaik and Ors.,
(2002( I sec I, relied on and reiterated. H
328 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.
A Jose Antonio Cruz Dos R. Redriguese and Anr. v. land Acquisition
Collector and Anr., 119961 6 SCC 746, referred to.
!Having answered the questions, the Constitution Bench directed
that the appeals and Special Leave Petitions be placed before a
Bench of two Judges for disposal!. 1327-FI
B
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9477 of
1994.
From the Judgment and Order dated 4.1.93 of the Himachal Pradesh
High Court in C.W.P. No 241/92.
c
WITH
C.A. Nos. 9520-22 of 1994, C.A. No. 9478 of 1994, C.A. No. 9526-
30of1994. C.A. Nos. 9523-25 of2001, SLP (C) No. 5385-86 of2001, SLP
(C) 5383-84 of2001 C.A. No. 8748of1995 SLP (C) Nos. 22360-61 of2001.
D and C.A. No. 3515 of 1997 with C.A. No. 3516 of 1997.
Harish N. Salve, Soliciter General, N.N. Goswami, S.K. Bagga, S.K.
Gambhir and Rakesh Dwivedi, Hemani Sharma, R.N. Poddar" Meenakshi
Sakhardande, A. Singh, Sidhartha Choudhary, Gayatri Goswami, K.C. Kaushik,
E B.V. Bairam Das for B. Krishna Prasad, Dhruv Mehta, Shalini Gupta, Seeraj
Bagga, Awanish Sinha, Anil K. Sharma, J.M. Khanna, Guntur Prabhakar,
Shalini Gupta, S. K. Mehta, Ajay Bansal (Dy. A.G. Punjab), R.S. Suri, Narin
Prakash, Rahul Singh, Meenakshi Arora, Naresh K. Sharma, A.T.M. Sampath,
V. Balaji, Rani Chhabra, D. Bharathi Reddy, Rajani, K. Prasad, C.V.S. Rao,
K.R. Nagaraja, R.K. Prasad, Y. Prabhakara Rao, Arnita Gupta, K.C. Kaushik
F and D.S. Mehra, for the appearing parties.
The Judgment of the Court was delivered by
PATTANAIK, J. In this bench of cases, the provision of Section 28-
A of the Land Acquisition Act, 1894 [hereinafter referred to as the Act] ,crop
G up for consideration. Two learned Judges of this Court, in course of hearing
of Civil Appeal No. 9477 of 1994 (Union of India & Anr. v. Smt. Hansa/i
Devi and Ors.), Formulated two questions to be answered by a Larger Bench.
The said questions are:
"I. (a) Whether dismissal of an application .seeking reference under
H
U.0.1. v. HANSOLI DEVI [G.B. PATTANAIK, J.] 329
Section 18 on the ground of delay amounts to " not filing an A
application" within the meaning of Section 28-A of the Land
Acquisition Act, 1894?
(b) Whether a person whose application under Section 18 of the Land
Acquisition Act, 1894 is dismissed on the ground of delay or any
other technical ground is entitled to maintain an application under B
Section 28-A of the Land Acquisition Act?
2. Whether a person who has received the compensation without
protest pursuant to the award of the Land Acquisition Collector and
has not filed an application seeking reference under Section I 8 is"
a person aggrieved" within the meaning of Section 28-A? C
According to the learned Judges, the three Judges Bench decision of this
Court in Jose Antonio Cruz Dos R. Redriguese and Anr. v. Land Acquisition
Collector and Anr., [I 996] 6 SCC 746 requires reconsideration. At the outset,
it may be stated that the Constitution Bench in Pradip Chandra Parija and
Ors. v. Pramod Chandra Patnaik and Ors., [2002] 1 SCC I, held that judicial D
discipline and propriety demands that a Bench of two learned Judges should
follow a decision of a Bench of three learned Judges. But if a Bench of two
learned judges concludes that an earlier Judgment of three learned Judges is
so very incorrect that in no circumstances can it be followed, the proper
course for it to adopt is, to refer the matter before it to a Bench of three E
Learned Judges setting out the reasons why it could not agree with the earlier
judgment and then the Bench of three learned judges also comes to the
conclusion that the earlier judgment of a Bench of three learned Judges is
incorrect, then a reference could be made to a Bench of five learned Judges.
In view of the aforesaid Constitution Bench decision, the very reference itself
made by the two learned judges was improper and we would have sent the F
matters to a Bench of three learned judges for consideration. But since the
questions involved are pending in many cases in different High Court and
certain doubts have arisen with regard to the interpretation to the provisions
of Section 28-A of the Act, we thought it appropriate to answer the two
questions referred Section 28-A of the Land Acquisition Act reads thus: G
"28 A. Re determination of the amount of compensation on the basis
of the award of the Court- (I) 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 H
I
1-c:JJO ' . X.1 '' SUPREME·couin -REPORTS• [2002) SUPP. 2 S,C.R.
1 , A:? , t,;,, -S~ction,)~,,sub;:,section,(I) and,who are also aggrieved,.J:>y the award
t •e · ,f!J of theJfollept9rrmay,._notwithstanding;,that they,,had:not made an
application to the Collector under -Sectiort 1_8,, .by written application
to the Collector within three months from the date of the award of the
f•1l i. ii. licourt'fequin!'.tffatthe ilmouiit ofconiperis'ahon pay~bie'to them may
'"" • .. ;b'e ie-d~forn\ined 'oHth'e basis o'fthe afudurit'bf coili\jeii'sat.ion awarded
~i B-,r;!·'.J rtf,: byithe Couri:~;if!.1,1·1·1 L-·11'.H ·i :..nuo:·~ !t.·,:•ur.J~! -d~,.
{, ,/ ,,,· -'11 ~1.;/ fj·'l& ~ .'!J '.r: / .(\.· f:•>;t·i•.:?
Provided that in computing the period of three months within
'lJ'"'" '' which"arl'applid1tiori the''Cioll~ctoP'shall be iriJdJ 16nder this sub- to
1'"· ' "' sectfon;i1he'da/on which the award'was''pionliiince:il·and the time
requisit1tfor cibtaih1ng a' copy 'ofthb''iiwafd shaii Bf excluded
. )c . '! (.'
~-I ~·-. coit ,.,,,,, tr /lH -~~~ n "..id, HI !,· // . L ' ·.~··1:;.~· "'!021~Q ..,
(2) The Collector shall, on receipt of an application under sub- section
·i !1 I • ' '(!) cori~ucdm inquiry after glving.r\titice t0' 111H:th·e persoii'~\ifterested
"" ' ') aild'givifig them a reas6nable opportunity oflleinghfatd~kii'd'inake
.1,:·v ' · a6 awai'd 'deterinining'the ·an\ount'of'comp'ehsatfori•:payabfoi'1ci;the
'! •1 applica1frS.("I:\
• r~• ': ••..,.,i.-- l· 'l.,•i •LI .1 l~;'I L·Jltll ~Jd ··~",-IT fi .r •
( l D.;. ., J..'r_q_ . ' I~ . . . l''f,11f
.JI~· , ,,,. \I ' \ ·, 1\,,-,.,,,_1_ '; ,,,_.\('"·:1'', ,'/ -,~,\)
_,. .._. j -,>'l• · ' ~.i;',, . - , -
:,i .. o l/ ' . (3) A1J>;1per~O.l), wro ~~,'.n9t ,iicc~_pte~ .the ,a\Y{l~d !~'lsl~r s11bcpsep\ion
''·, ,,(2) rp,ay,;~Y wrJtt~r:i appl_isl!Jior.to the C9Ih:ctor1se.qµ\fe,th.attkn11\tter
. '. be r~felJ~~· by,lli,t,~<;>Jl,e.ctiir-for ~he;9~terminatio_n,9t1!h~ <:::91111,and
;• •q 'c,l1the proY:!§ior:is of s_e9tiq9,s,I,8)9 28,sh:ilb s,ofar :'!S·may,,be;,apply to
; E ,~ 11 , . , ~µch ~ef1:rence,as ,they3pply.~o,!l;r.efere11ce,~1;1c\_erc~~ct\011 ,1,8:,c.;
1
t·•il·-r· - .. :. ' -·~1of ! /I~ • : .,. .i' .;;-~ .' ·'f _J?.h-:fl :..,J+ 'UJ .!HHff:;;.o r;~;Jlhid, b!:•:nt.~~ !
' The aforesaid pfovis1on was inserted by way of an amendmeht by Act.68 of
'-!it ~ ·' . :I :. '.:' .s ' ~ht l/~•- "•-"Ji ., - .,1~ !•' "·'•fJ"-,.l-1. ·~·nt n'·fJ! Di'!· _,d~fO.t!l:JHf
1984; which came into force w.e.f. 14.9.1984. Pnpr to the present reference
~ .-~ ·· "-.1 -'.J~'-•.1 -- nr"~\,, . ,,1 .,~r·,rn•_•lj,_11 \· lJif:"..i ·_i)'j ·-HJ p~_;l""1H:Jfl'1')
in Jose Antonio Cruz. Dos. R.' Rodrigi,1ese and Anr. v. Land Acquisition
_'.>··• ' · ' ' p .. i-. n· 1· ~ 'H · ':-f :~ :;.j P:·•rJJ ~· '.n,-!.1!.-. ~. 1'-''"'i .YYJ~tf1)f11
1·.
.. 'Collector and Anr.,. [ 1996] 1 SCC 88 m;ci learned judgP.s of .this Court had
F -·r~'reri-'eCI' the ro1l~wirtg'iwo q'~dtiJn~ f<i~'b'eirig·~~~we~~d by~~ 1L~rg~~ 'a~hch
11 1 1
f- ' . -, t1(1-(lV}':., • , t· •. :~ h"' .-' 1 fl : J 111\ ·~,-J,_!ll:i.JI J.'Jl 'J ll ''(q ';il.J,:'./!!
.of five Judges. The said questions bemg:- . . 1. • _, • , •
• _,f!! 1
;
1
1S. l ·• ?:!{ ,·~1 ... u1n -_1_, .. !f.,.1 .;·.,,_., h. 1·1n-..1A B ,;J 21,Ji .. ,n"l
b, ; 1,t.. '"!.Whether the award'oftheCou'rtt~!c'iVil court iniide"~nHer''Se\:t1on
• 10 1:26 ·on' referehce'un<1e·i"settion-'J 8 ~ould also 'inc1Mt:'1Judgnleiit and
-, ,,
1
,.,,,J :;,!1 •'di!cree'Ofothe appellate coilrt"uhder Sediond.54?· /\-&~ uoiJJ!>i: }:,
')0 wrll ,J,,, -,. · '• 11',. :- u_1p,/• t.r.t; J ~,I; 1r, l -M', n<'· ::ni'. b~1,'.ih1 moiJ?.!lllp
1
2. Whether each successive award or judgment and decree t if answer
imi<\ ,1\\ <on11Question No~ 1' is-positi\ie)"W<>tlld•·giv·e·cai:rs"'e .6f8aCiion to file
~di .n~''i zapplication un:der Sectio-1\1'28~A; 1 if -<:'oilsttUedf'-'d'o~s\not such a so
'"~)X5 .r: construc1ion ·violate'rthe·· lartguage-i111sed oin' •Secri61!!<:2:i!-A when
a11,, ,, .,, Patliament:,advisedly;.did111ot'tise'.guc1t'ie-xpressions1r~·rli lo
t-I H~~tn: 1 ":f... -~· ... rti, 10 ~~h~ :Jtfl ~d ty; 1, ,,, J t·tbi ·::-i•l.~11 :4i1 lh; ni b~t2:J1~1;nf
,111 lhe}f,or,~?,ai~ ?-r1fr ~( .~~~ ,)~~m,ed,Judg~~ .ifl~!caf~,th.at they~~.id not agre~\ A
nJ :"Yi!P.~t,~,~ rJ.\!q,pUg!s,Er~~,}n,t,~~;9.~,se,p~.lffiOf. ofZ,zdia <f'!fi Anr.,v. Pradeep
Kumari and Ors:, ['-.
[l.995] 2.SCC736. Bµt
'·' ' .) "( 1'Jl,!,; ,. ~····
the .
said two.points
.·.J·
stood
q :~
answered
•J l
by the three judges Bench in the case of Jose Antonio Cruz Dos R. Rod;iguese
· ,,·and.1pr,,.y,;l,µnd,Ac-qi1isitiiJn.:CbllectordndAnh,!·[l996] .6,SC::C .746; as
already stat~d:,Jhe:,gertesis· cif..the dispute1oan be referred to·Babud Ram•·an~. B
Ors. v. State of U.P. and Anr., [1995] 2 SCC 689, In Babua Ram, the provisions-'
·,;r\roLSeciion'2·8-A. t()f..the·•A:ce,eame' up •for 'tcirtsidefaiion"and 'a Bfoch of two
learned judges came to hold thai'the·(pe·riod 'of three 'mbnths'pre'scribed for
making an application for re-determination of compensation must be computed
., 1irrom ·ih'itlate 'of eafli2sf'aw'~rci''ot'iii~· t6~lf'iri~d~ ondeV s~~tiori 26 of the
'·' ra'i\a 'Ac~ulsili~rl Aff !i'n'd 'lid{fr°bhi'th1~)dat~ 1 ofJud~m~H! ~riCl «1~cree of the) C
Court of appeal. It was also held tli'at'Jtitl:e§sf~e ~w~fcl'made ·i:;y th~ reference
1
Court at different.times in respect of the land covered by the. saQJe notification
b.;l, ~n:Jji:t .... 1 r.-t.' ;i{>i~·! 1< ::3L'•~.i' ~r .• :JG ...ii:q1p: ~rii :11tib >H iu~.,'.:.=: ·; · ; Hi i
do ,not furni;;h a fresh ca11se of action. In the case of Uniqn .ofJndia and Ors.
._.: v'. 'k;;~~lis;~-gli~~~ o~s~. '(1~95j'1'~cc.t2s:~ 8~11~!i"~uwo.1~~~ed Judges
,•.,,rl,LJ' •..'' ,,t- ,,11 • ,;1·,: P.nl'•~
reiterated the aforesaid view expressed in Babua Ram and held that the
:-,,~~r)i.~\'.~\Y~r~ 1gfth!;:~e.fe.~ep~f:l,~9\lrt, byr:wh,i9h JI\~ comp~n_satiQn·1awarded by l D
the Land Acquisition Officer stqpP ,enhallfed;> would· be\th.e ~tarting point of
limitation of three months, enabling the land owners whose lands had also
j;j .been .!acqu ired;uri'dei.1the; same-flotificatioo":frtd Whoifla"d ·not 'rrt!iUe any reference
•0 under Section:<l8 •of the Abt earlier. iThe <Views expressed 'irt the aforesaid two
judgments however stood overruled by ra thr.ee-;Judges•,Bencli:lih'the case of 1 E
1
Union of India and Anr. v. Pradeep Kumari and Ors., [1995] 2 SCC 736. ln ..
. ''Pfdd~e,5 Ktlin'd'i-i ~ ci1$\!;1lt'was h\:Jd tli'at ttie'ib'en~Iit'ofrecd~f~rnliri~tion of the
amount of compensatio~'under st\'cffoii''.28c-A;"'"clin-We 1 ifv~ile<i Or, Jn the basis
bs~f1 ~.?~ fn.e.,?f !)}~ ~~~rd~ th,at ,hM, b~~n m.a~e ,~y 1 th,e Co,\1!1,;~.ft~r, <;o~ing into
'"'-' ~9,~f.t<\ of, s~\~f~<\?, t,s,:1t.~np, \~,i;, p~ripdrf?f,lj11JJH~tif1p f!f;_,~~~ee ll!Pl!tJl,s,,\\f P\lld
--~!~W1if8e1,!hfu~~}~ri?.f,;I?,~k,in_g;,~f,,~~r. ·1\l'YaE~ tP.n:'.}he bJl~i~\9t ';Vhi.~~ ~re- I F
.c VJ determination
1·JlJJ;~'.
is ~ougl)t . .The)e.an1ed J11ctges felt that..there.is,nqthiQg)n,.$ub-
1•1; Ui1,J\- ,jf)Jj l.JllP ........... ~/\ '\~;,;;. 1,1 ·,·1·•~· ))'' ., ·-'·· -~' ~-~
~)f;~i?,~ CU/}L~8c1i,?!.1 f,~;,A ·~?i;i?,~lf~,te}~;%:!',lt1,r},ghJ)s ,s<;>nfi9efl h1,~e~p:P! of
~, tl? y, ~~r} if,~t u~"K~r,~ 1Wrl ,.},~ ~ ~?~ ~~?'.: J~e, "<;:1?9rt, rlT~&; f;.ARrt:J4rthc:r, h~.!~: ,r1i
:,1;; •u .. tym~1ib ... ... .. ..b9"d
. y rcsurc mg 'toneb.c:·:
1.'.lr.'"'t'"" uene 1 o ecnon 2.8c1A·1ot<1't~h·.1!.fi"''t~'d
,.,fi.'t•n.1lr!s',n11:-,! . - . o .e 1rs awar f, d
G
·'
01
"
1 ·, ' 1 iHafl's"IBlid~:19~
!tie ciuRf!fi&tti1~ !tY.li'irtg liHb ro¥2t?'~r s~btio~';2s-·)
11
+n ""~, \W~ t1e7i'Bflt of'lilgkg} anlolirlt'Wt' cil1h~gn~a'ri8HW6 ii?J'i11ilsi~"tif the
;,~ · 1·-'. :Sii8seljuelii'~wr~;.t1'rtia&16); 'th6 b'6u0rt'. ~d'J1ti 'H~,il~\WJa·t~~m~ 1>'\~~~ns
'!.rr, n· <01 ' rnt.&k'f~g'Sectil'ih '28JA' !i'na· iM/il~?iJti'trlbf'tl'ir-J!i~·:~mv7tl61f~0'~1a be
1
V<" '"'"l coii'fiMed t6°rb'":cicter'MlnatloW'o't 't~nipei\~~ilii~ l!n ~tll'e ?ba~i't~f i~'J$er
1
t: · 1 ~0ibUHtt·J- cti:rn·p:;h)~alfuii &Ricitde[fUrid~t'1h-~ ijPJf J~~~d: tH~t:~~Ji Hi~de ·- H
1 11
I ·...r. ,·,~t:n ~r"!i )q T:.il11c :5rh r'Hrt1 1"!s1c bHJOH znJnorn :.J'Jlrll to lJ("·n".Jq l [
·
332 SUPREME COURT REPORTS [2002] SUPP, 2 S.C.R.
A after the coming into force of Section 28-A. There is nothing in the ,
wordings of Section 28-A to indicate that the legislature intended to ·
confer such a limited benefit under Section 28-A."
The Court enumerated the conditions to be satisfied, where-after an application
under Section 28-A can be moved. The said conditions being:
B
"(i) An award has been made by the court under Part Ill after the
coming into force of Section 28-A;
(ii) By the said award the amount of compensation in excess of the
amount awarded by the Collector under Section 11 has been allowed
C to the applicant in that reference;
(iii) The person moving the application under Section 28-A is interested
in other land covered by the same notification under Section 4(1) to
which the said award relates;
D (iv) The person moving the application did not make an application
to the Collector under Section 18;
(v) The application is moved within three months from the date of the
award on the basis of which the re-determination of amount of
compensation is sought; and
E
(vi) Only one application can be moved under Section 28-A for re-
determination of compensation by an applicant."
As has been stated earlier in Jose Antonio Cruz's case, the High Court had
followed the decision of this Court in Union of India and Anr. v. Pradeep
F Kumari and Ors., referred to supra, but the two learned Judges doubted the
correctness of the ratio in Pradeep Kumari and had referred the matter to a
larger Bench of five learned Judges. When the cases had been placed before
the learned Chief Justice, the Chief Justice was not persuaded to constitute
a larger Bench of five learned Judges and on the other hand directed that the
G cases be placed before a three Judge Bench and then ultimately the three
Judge Bench disposed of the matter by Judgment dated 20th November,
1996, since reported in [1996] 6 SCC 746. Out of the two questions referred
to by the two Judge Bench, the Court answered the first question by observing
th'at there is no difference of opinion on the question that the period of
limitation would start to run from the date of reference Court order and the
H period of three months would start from the order of the reference Court and
U.0.1. v. HANSOLI DEVI [G.B. PA TI ANAIK, J.] 333
not from the order of the Court passed in appeal against the same. On the A
second question, as to whether successive awards would give a fresh cause
of action, as was held in Pradeep Kumari 's case, the Court held that the three
Judge Bench in Pradeep Kumari 's case, had departed from the view taken
-
earlier in two cases by two Judge Bench viz. in Babua Ram and Karnail
Singh and further observed that if and when the question arises in an
'
B
appropriate case, perhaps a reference to a five-Judge Bench may become
necessary. The aforesaid observation indicates that the three Judges Bench in
Jose Antonio Cruz doubted the correctness of the ratio in Pradeep Kumari 's
case that if successive awards are passed by the reference Court, then it is
open to the person who wants to take the benefit of filing an application
under Section 28-A to choose anyone of those awards and can make an C
application within three months from the date of the said award.
Learned Solicitor General, appearing for the Union of India submitted
that the language of Section 28-A of the Act and the decisions of this Court
referred to earlier, unequivocally point out that the expression "award of the
Court under this chapter" would mean the award passed by the reference D
court and not the order passed by the High Court in appeal or any other order
in further appeal therefrom. The Ld. Solicitor General also urged that looking
at the purpose for which Section 28-A was brought on the statute book, it
would be reasonable to construe that the date of the first award of the reference
court when it comes to the knowledge of the person who had not earlier E
availed of making a reference under Section 18 and to that extent, the decision
of the court in Pradeep Kumari 's case is not correct. This contention of the
learned Solicitor General was reiterated by Mr. Rakesh Dwivedi, the learned
senior counsel, appearing for some of the states and several other counsels.
-- Mr. S.K. Gambhir, the learned senior counsel, appearing for the land
owners, on the other hand contended that the legislative intent in bringing
forth the amendment and inserting Section 28-A being to confer ·some benefits
F
on the poor illiterate land owners, the court must not only liberally.'eQnstrue
the provisions but also should construe the provisions in such a manner, even
at the cost of doing violence to the language, so that the purpose for which G
the amendment was brought, can be achieved. According to the learned
counsel, Section.28-A should be construed by deleting the expression "under
this part" in sub-section (I) of Section 28 and by adding the word "or order"
after the word "award" in the proviso. According to the learned counsel, thus
construed, the application under Section 28-A can be filed even within three
months from the appellate order or the second appellate order and it should H
334 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.
A not be restricted to the award of the reference court alone. Mr. Gambhir
contended that both Pradeep Kumari as well as subsequent three Judge Bench
decision in Jase Antonia Cru::, must be held to have been wrongly decided.
Before we embark upon an inquiry as to what would be the correct
interpretation of Section 28-A, we think it appropriate to bear in mind certain
B basic principles of interpretation of statute. The rule stated by Tindal, CJ in
Sussex Peerage case, (1844) 11 Cl & F.85, still holds the field. The aforesaid
rule is to the effect:
"If the words of the statute are in themselves precise and unambiguous,
then no more can be necessary than to expound those words in their
c natural and ordinary sense. The words themselves do alone in such
cases best declare the intent of the lawgiver."
It is a cardinal principle of construction of statute that when language of the
statute is plain and unambiguous, then the court must give effect to the words
D used in the statute and it would not be open to the courts to adopt a hypothetical
construction on the ground that such construction is more consistent with the
alleged object and policy of the Act. In Kirkness v. Jahn Hudson & Ca. Ltd.,
[1955] 2 All ER 345, Lord Reid pointed out as to what is the meaning of
"ambiguous' and held that "provision is not ambiguous merely because it
contains a word which in different context is capable of different meanings
E and it would be hard to find anywhere a sentence of any length which does
not contain such a word. A provision is, in my judgment, ambiguous only if
it contains a word or phrase which in that particular context is capable of
having more than one meaning." It is no doubt true that if on going through
the plain meaning of the language of statutes, it leads to anomalies, injustices
F and absurdities, then the court may look into the purpose for which the
statute has been brought and would try to give a meaning, which would
adhere to the purpose of the statute. Patanjali Sastri, CJ in the case of Aswini
Kumar Ghase v. Arabinda Base, [1953] SCR 1, had held that it is not a sound
principle of construction to brush aside words in a statute as being inapposite
surplusage, if they can have appropriate application in circumstances
G conceivably within the contemplation of the statute. In Quebec Railway,
Light Heat and Power Ca. v. Vandray, AIR (1920) PC 181, it had been
observed that the Legislature is deemed not to waste its words or to say
anything in vain and a construction which attributes redundancy to the
legislature will not be accepted except for compelling reasons. Similarly, it
H is not permissible to add words to a statute which are not there unless on a
"U.0.1. v. HAN SO LI DEVI [G.B. PA TT ANAIK, J.] 335
literal construction being given a part of the statute becomes meaningless. A
But before any words are r.ead to repair an omission in the Act, it should be
possible to state with certainty that _these words would have been inserted by
the draftsman and approved by the legislature had their attention been drawn
to the omission before the Bill had passed into a law. At times, the intention
of the legislature is found to be clear but the unskilfulness of the draftsman B
in introducing certain words in the statute results in apparent ineffectiveness
of the language and in such a situation, it may be permissible for the court
to reject the surplus words, so as to make the statute effective. Bearing in
mind the aforesaid principle, let us now examine the provisions of the Section
28-A of the Act, to answer the questions referred to us by the Bench of the
two learned Judges. It is no doubt true that the object of Section 28-A of the C
Act was to confer a right of making a reference, who might have not made
a reference earlier under Section 18 and, therefore, ordinarily when a person
makes a reference under Section 18 but that was dismissed on the ground of
delay, he would not get the right of Section 28-A of the Land Acquisition Act
when some other person makes a reference and the reference is answered.
But the Parliament having enacted Section 28-A, as a beneficial provision, it D
would cause great injustice if a literal interpretation is given to the expression
"had not made an application to the Collector under Section 18" in Section
28-A of the Act. The aforesaid expression would mean that if the _land-owner
has made an application for reference under Section 18 and that reference is
entertained and answered. In other words, it may not be permissible for a E
land owner to make a reference i_!nd get it answered and then subsequently
make another application when soine other person gets the reference answered
and obtains a higher amount. In fact in Pradeep Kumari's case the three
learned Judges, while enumerating the conditions to be satisfied, whereafter
an application under Section 28-A can be moved, had categorically stated •
"the person moving the application did not make an application to the Collector F
under Section 18". The expression "did not make an application", as observed
by this Court, would mean, did not make an effective application which had
been entertained by making the reference and the reference was answered.
When an application under Section 18 is not entertained on the ground of
limitation, the same not fructifying into any reference, then that would not G
tantamount to an effective application and consequently the rights of such
applicant emanating from some other reference being answered to move an
application under Section 28-A cannot be denied. We, accordingly answer
question No. l(a) by holding that the dismissal of an application seeking
reference under Section 18 on the ground of delay would tantamount to not
filing an application within the meaning of Section 28-A of the Land H
336 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.
A Acquisition Act, 1894.
So far as question l(b) is concerned, this is really the same question,
as in question l(a) and, therefore, we reiterate that when an application of a
land owner under Section 18 is dismissed on the ground of delay, then the
said land owner is entitled to make an application under Section 28-A, if
B other conditions prescribed therein are fulfilled.
Coming to the second question for reference the receipt of compensation
with or without protest pursuant to the award of the Land Acquisition Collector
is of no consequence for the purpose of making a fresh application under
C Section 28-A. If a person has not filed an application under Section 18 of the
Act to make a reference, then irrespective of the fact whether he has received
the compensation awarded by the Collectors with or without protest, he
would be a person aggrieved within the meaning of Section 28-A and would
be entitled to make an application when some other land owner's application
for reference is answered by the reference Court. It is apparent on the plain
D language of the provisions of Section 28-A of the Act. Otherwise, it would
amount to adding one more condition, not contemplated or stipulated by the
Legislature itself to deny the benefit of substantial right conferred upon the
owner.
So far as the argument of learned Solicitor General on the correctness
E of the Pradeep Kumari 's case is concerned, it may be stated that the said
question does not appear to be a question, which has been referred to this
Constitution Bench. As has been stated earlier that question had been referred
by a Bench of two learned Judges in Jose Antonio Cruz's case, [1966] I SCC
88, as question No. 2, but a Bench of three learned Judges in [ 1966] 6 SC
F 746, while answered the first question, did not think it necessary to answer
the second question, even though some doubts were raised about the
correctness of the three Judge Betich decision in Pradeep Kumari 's case. But
since that question has neither been referred to us under the order of reference
made in the present case nor does it arise in the case in hand, we refrain from
answering the same.
G
The questions having thus being answered, these appeal.s and special
leave petitions may not be placed before a Bench of two learned Judges for
being disposed of.
S.K.S: Questions referred answered.
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "Land acquisition"Sign in to search