G. KRISHNA MURTHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) LEAVE granted.

(2.) THE notification under section 4 (1) of the Land Acquisition Act was published on 11.8.1971 acquiring about 700 acres of land in Golabandha Buxi Palli, Vikrampur in Ganjam District of Orissa State. By his award dated 22.6.1974, the Land Acquisition Officer determined the market value. On reference under section 18, the learned Subordinate Judge confirmed the award of the Collector by his award and decree dated 31.1.1985. The appellants did not carry the matter in appeal. When others filed the appeal under section 54 of the L1nd Acquisition Act before the High Court, the High Court enhanced the compensation for the fruit -bearing trees to Rs. 990 and Rs. 650 for non -fruit bearing trees by its judgment dated 21.4.1992. Thereafter the appellants filed the application under section 28 -A of the Land Acquisition Act on 21.11.1992 for re -determination. The Land Acquisition Officer dismissed the application and thereof, the High Court by its order dated 30.4.1993 confirmed the same in Act No. 24 of 1993. Thus, this appeal by special leave.

(3.) THEREFORE , the application under section 28 -A is not maintainable. The Collector and the High Court rightly refused to grant the amount on a par with the judgment of this Court.