YELAMANCHI RANGA RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) 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 under section 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 under 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 Nos. 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.

(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 S. 28-A after the judgment of the High Court is not maintainable.