Full Judgment Text
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PETITIONER:
UNION OF INDIA & ANR.
Vs.
RESPONDENT:
BABU SINGH & ORS.
DATE OF JUDGMENT04/12/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
PARIPOORNAN, K.S.(J)
CITATION:
1996 SCC (1) 477 1995 SCALE (7)347
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned.
Leave granted.
In view of the fact that Mrs. Naresh Bakshi, learned
counsel took notice on behalf of the proposed legal
representatives of the deceased respondent Nos.1, 2 and 9,
the relevancy to give the particulars as pointed out by the
office, no longer subsists.
The only question is whether reference under Section
28-A of the Land Acquisition Act, 1894 is maintainable to
the land acquired under the Defence of India Act. Initially,
an extent of 1230.8 acres of land including the land of the
respondents situated in Bhatinda in Punjab State was
requisitioned for the purpose of defence of India. Obviously
the acquisition was under Section 8 of the Requisition and
Acquisition of the Immovable Property Act, 1952. An
arbitrator was appointed under Section 8 [3] of the Act. The
arbitrator in his award dated 19th January, 1985 determined
the amount of compensation. Subsequent thereto, a writ
petition seeking direction for reference under Section 28-A
of the Land Acquisition Act, 1894 as amended by Act 68 of
1984, was filed in the High Court by the respondents.
The counsel appearing for the Union of India in the
High Court had conceded as mentioned in the impugned order
that a reference could be made under Section 28-A and the
award could be decided within two months from that date.
Assailing that order dated 29th October, 1987 of the High
Court in the abovesaid writ petition, viz., W.P. No.2482/87,
this appeal by special leave has been filed.
Shri Goswami, learned senior counsel appearing for the
Union of India contended that Section 28-A has no
application to the acquisition of the land under the
Requisition and Acquisition of Immovable Property Act, 1952.
We find force in the contention. Shri Ujjagar Singh, learned
senior counsel for the respondents contended that since the
counsel appearing for the Union of India has conceded before
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the High Court, the State is bound by the concession and
that, therefore, there is nothing wrong in the order passed
by the High Court. It is difficult to accept the contention.
It is a case of total lack of jurisdiction since Section 28-
A of the Land Acquisition Act has no application when the
land is acquired under the Requisition and Acquisition of
the Immovable Property Act. Therefore, wrong concession made
by the counsel does not bind the Union of India in that
behalf.
The appeal is accordingly allowed. The order of the
High Court is set aside and the writ petition stands
dismissed. No costs.