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Issues: Whether the three-month period for applying for re-determination of compensation under Section 28-A of the Land Acquisition Act, 1894 runs from the date of the award of the reference court under Section 18 or from the date of the appellate court's decision.
Analysis: Section 28-A was held to refer to an award made by the court under Part III of the Act, which means the principal civil court of original jurisdiction contemplated by Section 2(d) and the court acting on a reference under Section 18. The scheme of Sections 11, 18, 23, 24, 26, 27 and 28 shows that the Legislature intended the benefit of re-determination to follow the award of the reference court, not the appellate court's decision. The limitation under Section 28-A therefore begins from the date of the award on which re-determination is based. The earlier decisions were recognised as having settled that successive appellate outcomes do not extend the period for filing an application under Section 28-A.
Conclusion: The three-month period under Section 28-A runs from the date of the award of the reference court under Section 18 and not from the appellate court's judgment. The applications were time-barred.
Ratio Decidendi: For an application under Section 28-A of the Land Acquisition Act, 1894, limitation is computed from the date of the award of the reference court under Section 18, and an appellate court's decision does not furnish a fresh starting point.
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