HARKRISHNA PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an application for modification of the judgment and decree dated 21-11-88 in F. A. No. 237/81 and seeking re-determination of the compensation awarded to the applicants.

(2.) THE Claim of the applicants is based on Section 28 (A) of the Land Acquisition Act, 1894. The facts which are relevant for adjudication of the application are that 478. 97 acres of land was sought to be acquired by the respondent/state by issuance of a notification by Section 4 (1) of the Land Acquisition Act, dated 8-3-65. After due notice and inquiry the land was acquired and the compensation for the same was determined by the Collector.

(3.) BEING aggrieved by the determination of compensation by the Land Acquisition Officer as many as 41 persons including the father of the applicants filed an application for referring the matter under Section 18 of the Act. On reference award dated 30-7-81 came to be passed by the Additional District Judge, Jabalpur in MJC No. 27/71. Being aggrieved by the award some of the applicants filed a First Appeal before this Court which was ultimately partly allowed vide judgment dated 12-11-88 passed in F. A. No. 237/81. On 27-4-98, the applicants filed an application allegedly under Section 28 (A) of the Land Acquisition Act, which was dismissed by the Land Acquisition Officer by order dated 7-8-98 on the ground that the application had not been filed within the time stipulated under Section 28 (A) and was therefore, not tenable. On the rejection of this application, the applicants have filed the present application seeking modification and Claiming parity in respect of compensation with the appellants in F. A. No. 237/81, decided on 21-11-88.