Delay in Section 28A applications may be accommodated, but interest is barred for the delayed period.

The petitioners’ land was acquired in 1999 under the Land Acquisition Act, 1894. The Section 11 award, made on 22 June 2001 in the names of three recorded tenure holders, was followed by a Reference Court award dated 9 January 2018 enhancing compensation for lands acquired under the same notification.

The petitioners, claiming through the recorded holders, applied under Section 28A on 21 December 2024 for redetermination based on that award. The Special Land Acquisition Officer rejected the application on the ground of delay without examining its merits.

The petition challenged that rejection.

1. Whether the petitioners’ Section 28A application could be rejected solely on the ground of delay, without consideration of its merits

2. Whether the matter should be remitted for consideration on the merits subject to denying interest for the period beyond the limitation prescribed by Section 28A

Section 28A of the Land Acquisition Act, 1894 provides a route for redetermination of compensation by reference to a court award concerning land covered by the same notification.

In Karam Chand v. State of H.P., [2017 SCC OnLine SC 2206], the Supreme Court held that, although the prescribed limitation is to be observed, delay may be extended in appropriate cases; redetermination may be allowed while declining interest for the delayed period.

The High Court applied that principle to the petitioners’ delayed application.

The impugned order rejected the application only for delay and did not assess whether the petitioners were entitled to redetermination by reference to the 2018 award.

Following Karam Chand, the Court considered it appropriate to set aside that rejection and remit the matter for a merits determination. The petitioners’ entitlement remained for the Special Land Acquisition Officer to decide; the Court did not itself determine that they qualified for enhanced compensation. Any redetermination would carry no interest for the period beyond the limitation prescribed under Section 28A.

If the petitioners are found entitled to redetermination, they shall not receive interest for the period beyond the limitation prescribed under Section 28A.

The petition was disposed of with no order as to costs.