Full Judgment Text
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PETITIONER:
YELAMANCHI RANGA RAO & ORS. ETC.
Vs.
RESPONDENT:
STATE OF ORISSA & ORS.
DATE OF JUDGMENT: 05/05/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
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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