Krishna Murthy & Ors Vs. State of Orissa  INSC 74 (19 January 1995)
K. Ramaswamy, K. Venkatachala N. (J)
1995 AIR 1436 1995 SCC (2) 733 JT 1995 (2) 683 1995 SCALE (1)684
notification under section 4(1) of the Land Acquisition Act was published on August 11, 1971 acquiring about 700 acres of land
in Golabandha Buxi Palli, Vikrampur in Ganjam District of Orissa State. By his
award dt. June 22, 1974, the Land Acquisition Officer
determined the market value. On reference under section 18, the learned
Subordinate Judge confirmed the award of the Collector by his award and decree dt.
January 31, 1985. The appellants did not carry the
matter in appeal. When others filed the appeal under section 54 of the Land
Acquisition Act before the High Court, the High Court enhanced the compensation
to the fruit bearing trees at Rs. 990/- and Rs. 650/- for not fruit bearing
trees by its judgment dt. April 21, 1992.
the appellants filed the application under section 28-A of the Land Acquisition
Act on November 21,
1992 for redetermination.
The Land Acquisition Officer dismissed the application and thereof, the High
Court by its order dt. April
30, 1993 confined the
same in O.J.C. No. 24/93. Thus this appeal by special leave.
is contended that when the High Court awarded higher compensation by operation
of section 28-A of the Land Ac- quisition Act, the appellants also are entitled
to the same benefit. The point is now squarely covered by two judgments of this
Court in Scheduled Castes Co-operative Land Owning Sociely Ltd., Bhatinda v.
Union of India & Ors. reported in AIR 1991 SC 738 and Babua Ram & Ors. v.
State of UP. & Anr. reported in JT 1994 (7)
SC 377. Therefore, the application under sec. 28-A is not maintainable. The
Collector and the High Court rightly refused to grant the amount on par with
the judgment of this Court.
appeal is accordingly dismissed. No costs.