HUKAM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) Notification under S.4 (1) of the Land Acquisition Act, 1894 (for short, the 'Act') was published on 24-3-1971. The Collector under S.11 passed his award on July 10, 1971. Thereon, the appellant along with others sought and had reference to the Additional District Judge under S. 18. After further enhancement of the award under S. 26, the appellants had not carried the matter in appeal to the High Court under S.54. Some other claimants filed RFA No. 1326/78 wherein the High Court had enhanced the compensation to Rs. 135/- per sq.yd. Subsequently, after two years, the appellant had filed applications under S. 28 A to the Land Acquisition Officer who in his award in LC case No. 51/91 by order dated May 10, 1993 dismissed the application. On revision filed by the applicants in C.R. No. 2659/93, the High Court of Punjab and Haryana by order dated September 21, 1993 dismissed the petition. Thus this appeal by special leave.

(3.) The only question is:whether the Land Acquisition Officer was right in refusing to award the compensation to the appellants @ Rs. 135/- pr sq.yd. pursuant to the order passed by the High Court in RFA No. 1326/79. Section 28-A(1)of the Act reads thus: