Yelamanchi Ranga Rao And Others v. State Of Orissa And Others

Order

1. Leave granted. We have heard learned counsel on both sides.

2. The facts in the appeal arising out of SLP (C) No. 1670 of 1994 are that Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 11-8-1971 acquiring 700 acres of land. The award came to be passed on 18-10-1976. The appellants did not seek reference under Section 18. The Reference Court in respect of similar lands by its award and decree dated 30-1-1985 and 31-1-1985 enhanced the compensation to Rs 450 in MJCs Nos. 32 of 1979 and 29 of 1979, for each fruit (coconut)-bearing tree. The appellants filed their application under Section 28-A on 30-4-1985 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 5-1-1995 enhancing the compensation to Rs 650 per fruit-bearing tree in FA No. 166 of 1984. The appellants again made an application on 23-5-1990 before the Land Acquisition Officer for redetermination, which was rejected. The High Court has dismissed the writ petitions on 30-4-1993. Thus, these appeals by special leave.

3. In view of the fact that the appellants had filed the written reference applications within three months from the date of the award of 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 this was not done. The application for reference under Section 28-A after the judgment of the High Court is not maintainable.

4. The appeals are 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 30-4-1985 and pass appropriate award as per law which would be subject to the result of the appeal, if any, filed by the State in these connected appeals. No costs.