Y ALAMANCHI RANGA RAO AND ORS. ETC.versusSTATE OF ORISSA AND ORS.

           YALAMANCHI RANGA RAO AND ORS. ETC.                               A
                                     v.
                    STATE OF ORISSA AND ORS.

                              MAY 5, 1997

            [K. RAMASWAMY AND D.P. WADHWA, JJ.]                              B

      Land Acquisition Act, 1894:

       S.28-A--Re-detennillatioll of compellsatioll on the basis of award of
court-Acquisitioll of land--Compellsatioll awarded by Land Acquisition C
Office1~No reference sought by land owllers--Later, ill allother matter, refer-
ence cowt enhanced compellsation for similar lands covered Ullder the same
notification-Land owners filed applicatioll u/s 28-A withill three months of
the order of reference corm-Meanwhile High Court fwther enhallced the
compellsatioll-Lalld owners agaill made applicatioll before Lalld Acquisi-
tioll Office1~Application rejected and w1it petition dismissed-Held, Land D
owners are entitled to seek a reference u/s 28-A-Application for reference
after the judgment of High Cowt is not maintainab/e-/..,and Acquisition
Officer is directed to re-dete1mine the compensation ill accordallce with the
award passed by the High Cowt, as per the earlier reference applicatioll, which
would be subject to result of appeal, if any, filed-by the State in connected E
appeals.

     CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3614 of
1997 Etc.

     From the Judgment and Order dated 30.4.93 of the Orissa High           F
Court in O.J.C. No. 2556 of 1990.

      Y.P. Rao for the Appellants.

     Indrajit Ray Adv. Genl. and P.N. Misra for the Respondents.
                                                                            G
     The following Order of the Court was delivered :

     Leave granted. We have heard learned counsel on both sides.

       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 H
                                     83
    84                    SUPREME COURT REPORTS [1997) SUPP.1 S.C.R.

A 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 u/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 No. 32n9 and 29/79, for each fruit (coconut) bearing tree. The
B   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 P.A. No. 166/84. The appellants again made an
    application on May 23, 1990 before the Land Acquisition Officer for
C   re-determination, which was rejected. The High Court has dismissed the
    writ petitions on April 30, 1993. Thus, these appeals by special leave.

          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
D   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 Section 28-A after the
    judgment of the High Court is not maintainable.

E         The appeals are accordingly allowed. The Land Acquisition Officer
    is directed to redetermine the compensation for the properties of the
    appellants acquired under the said notification in accordance with the
    award passed by the High Court as per the reference application dated
    April 30, 1985 and pass appropriate award as per law which would be
    subject to result of the appeal, if any, filed by the State in these connected
F   appeals. No costs.

    R.P.                                                        appeals allowed.