Featured image for Supreme Court Judgment dated 24-04-2018 in case of petitioner name Ramsingbhai (Ramsangbhai) Jera vs The State of Gujarat and Anr.
| |

Land Acquisition Compensation: Supreme Court Ruling on Section 28A Applicability

The Supreme Court of India in the case of Ramsingbhai (Ramsangbhai) Jerambhai v. The State of Gujarat and Anr. dealt with a significant issue regarding land acquisition compensation. The central question was whether an application under Section 28A of the Land Acquisition Act, 1894, for redetermination of compensation, can be filed within three months from the date of a judgment by the High Court or Supreme Court in an appeal under Section 54.

The judgment, delivered by a bench comprising Kurian Joseph, Mohan M. Shantanagoudar, and Navin Sinha, examined the interpretation of Section 28A. The Court reiterated that the provision for redetermination applies only to an award passed by the Reference Court under Part III of the Act, which covers Sections 18 to 28A. It does not extend to judgments by appellate courts under Section 54, which falls under Part VIII of the Act.

Arguments Presented

Petitioner’s Arguments

The petitioner contended that he should be entitled to seek redetermination of compensation under Section 28A based on the judgment of the High Court. The key points of his argument were:

  • The intention of Section 28A was to provide equal compensation to those whose lands were acquired under the same notification.
  • The interpretation should allow for redetermination based on appellate judgments to ensure fair compensation.
  • The Collector should be bound by the final award, whether it is from the Reference Court or an appellate court.

Respondent’s Arguments

The State of Gujarat and the respondents opposed this claim, arguing:

  • The language of Section 28A is clear that it only refers to awards passed under Part III of the Act.
  • Judgments of the High Court or Supreme Court under Section 54 do not qualify as awards under Section 28A.
  • The legislative intent was to limit redetermination to Reference Court awards, preventing an indefinite extension of compensation claims.

Supreme Court’s Observations

The Supreme Court cited previous judgments, including Jose Antonio Cruz Dos R. Rodriguese & another v. Land Acquisition Collector & another (1996) 6 SCC 746 and Bharatsing and others v. The State of Maharashtra and others (2017) SCC Online SC 1453. The Court reaffirmed:

“The redetermination under Section 28A is available only in respect of an ‘Award’ passed by the ‘court’ under Part III of the Act, comprising Sections 18 to 28A (both inclusive).”

It was also clarified that while appellate courts may enhance or reduce compensation, such modifications do not extend the right under Section 28A. The Collector is required to wait until a final decision is rendered in cases of further appeals before awarding compensation, but the final decision of an appellate court does not trigger a fresh right under Section 28A.

Final Verdict

In light of the established legal principles, the Court concluded that the appellant was not entitled to redetermination based on the High Court’s judgment under Section 54. His only recourse was to seek redetermination under Section 28A based on the Reference Court’s award.

The appeal was dismissed with no costs imposed.

Implications of the Judgment

  • This judgment clarifies the scope of Section 28A, ensuring it applies strictly to Reference Court awards.
  • It prevents an indefinite extension of compensation claims through appellate court judgments.
  • Landowners must seek redetermination within the original framework of Section 28A, rather than relying on appellate rulings.

The ruling upholds legislative intent and maintains a structured process for land acquisition compensation, avoiding unnecessary delays and uncertainties in the system.


Petitioner Name: Ramsingbhai (Ramsangbhai) Jerambhai.
Respondent Name: The State of Gujarat and Anr..
Judgment By: Justice Kurian Joseph, Justice Mohan M. Shantanagoudar, Justice Navin Sinha.
Place Of Incident: Gujarat.
Judgment Date: 24-04-2018.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Ramsingbhai (Ramsang vs The State of Gujarat Supreme Court of India Judgment Dated 24-04-2018.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Property Disputes
See all petitions in Compensation Disputes
See all petitions in Judgment by Kurian Joseph
See all petitions in Judgment by Mohan M. Shantanagoudar
See all petitions in Judgment by Navin Sinha
See all petitions in dismissed
See all petitions in supreme court of India judgments April 2018
See all petitions in 2018 judgments

See all posts in Civil Cases Category
See all allowed petitions in Civil Cases Category
See all Dismissed petitions in Civil Cases Category
See all partially allowed petitions in Civil Cases Category

Similar Posts