SC permits second Section 28-A application after High Court enhances compensation, citing merger doctrine.
Second Section 28-A Application Valid Post-Enhancement
The Supreme Court held that a second application under Section 28-A of the Land Acquisition Act is maintainable if the High Court enhances compensation in appeal, even after a previous reference was rejected. The ruling applies the merger doctrine, which treats the appellate order as replacing the original award.
The bench reasoned that when compensation is first enhanced by the High Court, landowners gain a new legal right to seek equalization under Section 28-A. This ensures parity among co-owners or adjacent landholders affected by the same acquisition.
This decision is significant for land acquisition practitioners. It affirms that enhancement on appeal revives Section 28-A rights, promoting equitable compensation across affected parties.
Citations
- Land Acquisition Act, 1894, Section 28-A
