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Issues: Whether Section 28-A of the Land Acquisition Act, 1894 applies to acquisitions made under the Maharashtra Industrial Development Act, 1961.
Analysis: The MID Act is a special enactment for industrial development, but its compensation and reference provisions have been treated as incorporating the Land Acquisition Act by reference. Earlier decisions had already held that amended provisions of the Land Acquisition Act relating to compensation, solatium, interest, and reference procedure could be applied to acquisitions under the MID Act. The Court relied on the constitutional principle that landowners similarly situated cannot be subjected to different compensation regimes merely because the acquiring authority differs. It further held that Section 28-A is not an isolated or sui generis provision, but is linked to the broader scheme of Part III of the Land Acquisition Act and serves the same compensatory and remedial purpose. Excluding it from MID Act acquisitions would create inequality and arbitrariness in compensation.
Conclusion: Section 28-A of the Land Acquisition Act, 1894 applies to acquisitions under the Maharashtra Industrial Development Act, 1961.
Ratio Decidendi: Where a special acquisition statute makes a reference to the Land Acquisition Act for compensation and remedial purposes, beneficial amendments in the Land Acquisition Act that ensure parity in compensation, including Section 28-A, apply unless expressly excluded, so as to avoid discrimination under Article 14 of the Constitution of India.
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