Authority: Supreme Court of India
Order Date: September 21, 2026
Case Overview
- Parties: New Okhla Industrial Development Authority & Anr (Appellant) vs. Rajveer Singh & Ors. (Respondent).
- Issue: Respondents sought enhanced compensation under Section 28A of the Land Acquisition Act, 1894, claiming entitlement from awards after the amendment.
- Background: The land was originally acquired under Section 4(1) of the Act; an award dated 15‑02‑1977 was paid to predecessors‑in‑interest. Subsequent references and appeals led to a First Appeal disposed on 18‑04‑2022. Respondents filed a Section 28A application on 23‑05‑2022, which was rejected as not maintainable.
- Legal Framework: The Court examined extensive precedent—Union of India v. Pradeep Kumari, Banwari v. HSIIDC, Jose Antonio Cruz v. Land Acquisition Collector, Hansoli Devi, Popat Bahiru Govardhane, Bharatsing v. State of Maharashtra, and Andanayya v. Deputy Chief Engineer—focusing on the start of the three‑month limitation, the source of the award (Reference Court vs. appellate court), and the single‑application rule under Section 28A.
- Key Findings: Limitation for filing under Section 28A commences from the date of the Reference Court award that enhances compensation, not from any appellate order. Only one application per landowner is permissible. Appeals pending before the High Court must keep the Section 28A application in abeyance.
Final Outcome
- The Supreme Court allowed the appeal, set aside the impugned order, and rejected the respondents' application under Section 28A.
- Any pending applications, if any, are to remain rejected.
Topics: Land Acquisition, Compensation Enhancement