STATE OF MAHARASHTRA Vs. MANAKCHAND PYARMAL

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides. Notification under Section 4 (1 of the Land Acquisition Act was published on 4/2/1970 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 of 1986 enhanced the compensation to Rslo per square metre by his award and decree dated 6/11/1987. Against the said award and decree, the State carried First Appeal No. 1038 of 1988 which was admitted on 16/2/1989 and ad interim stay of the award and decree of the District court was granted subject to certain conditions.

(3.) The respondents thereon filed an application under Section 28-A (1 on 2/2/1988 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 24/8/1992 directed the Land Acquisition Officer to declare the award by the end of November 1992. Thus this appeal by special leave.