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Supreme CourtDivision Bench(1997) 05 SC CK 0013

Yalamanchi Ranga Rao and Others vs State of Orissa and Others

Supreme Court Of India · Decided on 5 May 1997 · Citation: AIR 1998 SC 178 : (1997) 5 JT 612 : (1997) 3 LW 161 : (1997) 4 SCALE 297 : (1997) 10 SCC 468 : (1997) 1 SCR 83 Supp

HON’BLE JUDGES
K. Ramaswamy, J · D. P. Wadhwa, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No''s. 3614 of 1997 Etc.
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Judgment

5 paragraphs · 346 words

ORDER

K. Ramaswamy and D.P. Wadhwa, JJ.—Leave granted. We have heard learned Counsel on both sides.

2.

The facts in the appeal arising out of SLP (C) No. 1670/94 are that notification u/s 4(1) of the Land Acquisition Act, 1894 was published on August 11,1971 acquiring 700 acres of land. The award came to be passed on 18.10.1976. The Appellants did not seek reference u/s 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 MJC No. 32/79 and 29/79, for each fruit (coconut) bearing tree. The appellants filed their application u/s 28A 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.

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 u/s 4(1), the appellants are entitled to seek a reference u/s 28A but this was not done. The application for reference u/s 28A 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 April 30, 1985 and pass appropriate award as per law which would be subject to result of the appeal, if any, filed by the State in these connected appeals. No costs.