New Okhla Industrial Development Authority & Anr. Vs Rajveer Singh & Ors. (Supreme Court)
Supreme Court Refers Trademark Jurisdiction Conflict Under Commercial Courts Act to Larger Bench
The Supreme Court has held that a subsequent order passed by the High Court, which merely follows an earlier appellate decision granting enhanced land-acquisition compensation, does not create a fresh cause of action or restart the three-month limitation for filing an application u/s 28A of the Land Acquisition Act, 1894.
The limitation must be computed from the decision which first creates the entitlement to enhanced compensation. A landowner cannot wait for a later consequential order concerning the same village and acquisition notification and then seek redetermination by treating the later order as a fresh starting point.
Facts of the Case
The predecessors-in-interest of the respondents owned lands acquired pursuant to a notification issued u/s 4(1), read with section 17 of the Land Acquisition Act, 1894. An award was passed by the Land Acquisition Officer on 15.02.1977.
The landowners received the entire compensation and did not seek a reference u/s 18. However, certain other landowners whose properties were acquired under the same notification sought references. Those references were rejected by the Additional District Judge, Ghaziabad, by judgment dated 25.11.1981.
