State of Maharashtra Vs. Nanakchand Pyarmal & Ors
 INSC 756 (28 November 1995)
O R D
have heard learned counsel on both sides.
under Section 4(1) of the Land Acquisition Act was published on February 4, 1970 acquiring a large extent of land.
The Collector made the award and paid compensation which was accepted by the
respondents without protest. It would appear that one of the claimants covered
under the same notification sought reference under Section 18 and the District
Judge, Raigarh at Alibag in Reference No. 183/86 enhanced the compensation to
Rs.10/- per square meter by his award and decree dated November 6, 1987. Against the said award and decree,
the State carried First Appeal No.1038/88 which was admitted on February 16, 1989 and ad interim stay of the award
and decree of the District Court was granted subject to certain conditions.
respondents thereon filed an application under Section 28A (1) on February 2, 1988 for redetermination of the amount
of compensation to their lands on the basis of the said award of the District
Judge. It would appear from the record that the Collector made a draft award
and referred the matter to the State Government for approval. At that stage the
respondents filed a writ petition in the High Court. A Division Bench of the
High Court by the impugned order dated August 24, 1992 directed the Land Acquisition
Officer to declare the award by the end of November 1992.
this appeal by special leave.
view of the fact that the award of the Reference Court, referred to
hereinbefore, is already the subject matter of the appeal pending decision in
the High Court, appropriate course would be to keep the reference application
made under Section 28A (1) pending till disposal of the appeal in the High
Court. The Collector shall take action only on the basis of the judgment that
may be rendered by the High Court. Until then, the matter be kept pending. The
writ petition stands dismissed subject to the above direction.
appeal is accordingly disposed of. No costs.