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Supreme Court of India 2024-12-10 allowed

BANWARI AND OTHERS vs HARYANA STATE INDUSTRIAL

Bench: 2 — B.R. Gavai, K.V. Viswanathan

In Brief

This case concerns the interpretation of Section 28-A of the Land Acquisition Act, 1894, which allows landholders to seek enhanced compensation when similarly situated persons obtain higher awards from courts. The appellants filed an application under Section 28-A within three months of a High Court judgment that enhanced compensation for other landholders. The High Court quashed this application, holding that Section 28-A applies only to the first reference court award, not appellate judgments. The Supreme Court allowed the appeal, holding that Section 28-A is a beneficial statute designed to help poor and inarticulate people. The three-month period runs from any award on which an applicant bases redetermination, not merely the earliest award. The Court overruled the earlier Ramsingbhai judgment as per incuriam for failing to consider the binding precedent in Pradeep Kumari.

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