Yelamanchi
Ranga Rao & Ors Vs. State of Orissa & Ors [1997] INSC 504 (5 May 1997)
K.
RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
WITH
CIVIL
APPEAL NO. 3615 OF 1997 (Arising out of SLP (C) No. 1670 of 1994) O R D E R
Leave granted. We have heard learned counsel on both sides.
The
facts the in appeal arising out of SLP (C) No. 1670/94 are that notification
under Section 4(1) of the Land Acquisition Act, 1894 was published on August
11, 1971 acquiring 700 acres of land. The reference Court, by its award and
decree dated 31, 1985, enhanced the compensation to Rs.450/- in MJC No.32/79
and 29/79, for each fruit (coconut) bearing tree. The appellants filed their
application under Section 28-A on April 30, 1985 within three months from the date
of the award of the reference Court. It was not decided. Again, enhancement was
made by the High Court by judgment dated January 5, 1995 enhancing the compensation to Rs.
650/- per fruit bearing tree in F.A. No. 166/84. The appellants again made an
application on May 23,
1990 before the Land
Acquisition Officer for re- determination, which was rejected. The High Court
has dismissed the writ petitions on April 30, 1993. Thus, these appeals by special
leave.
In
view of the fact that the appellants had filed the written reference applications
within three months from the date of the award enhanced compensation by the
reference Court in the connected matters, which are admittedly covered under
the same notification issued under Section 4(1), the appellants are entitled to
seek a reference under Section 28-A but was not done. The application for
reference under Section 28-After the judgment of the High Court is not
maintainable.
The
appeals ar accordingly allowed. The Land Acquisition Officer is directed to redetermine
the compensation for the properties of the appellants acquired under the said
notification in accordance with the award passed by the High Court as per the
reference application dated April 30, 1985 and pass appropriate awaard as per
la which would be subject to result of the appeal, if any, filed by the State
in these connected appeals. No costs.
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