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Supreme Court of India 2018-04-24 dismissed

Ramsingbhai (Ramsangbhai) Jerambhai vs State of Gujarat and Anr

Bench: 3 — Kurian

In Brief

This appeal concerns the scope of Section 28A of the Land Acquisition Act, 1894, which allows re-determination of compensation. The question was whether an application for re-determination could be filed within three months of an appellate judgment under Section 54. The Supreme Court held that Section 28A applies only to awards of the Reference Court (the principal civil court of original jurisdiction under Part III), not to appellate judgments issued under Part VIII. Consequently, an appellant's right to re-determination depends solely on the Reference Court's award, not on subsequent appellate decisions. The appeal was dismissed.

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Land Acquisition Compensation Civil Procedure

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