G. Krishna Murthy & Ors. Vs. State of Orissa
EmailAppeal: Civil Appeal No. 1697 of 1995
(Arising out of S.L.P. (C) No. 17164/1993)
(Arising out of S.L.P. (C) No. 17164/1993)
Petitioner: G. Krishna Murthy & Ors.
Respondent: State of Orissa
Apeal: Civil Appeal No. 1697 of 1995
(Arising out of S.L.P. (C) No. 17164/1993)
(Arising out of S.L.P. (C) No. 17164/1993)
Judges: K. RAMASWAMY & N. VENKATACHALA, JJ.
Date of Judgment: Jan 19, 1995
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894:
Sections 28A, 54 – Appellants not entitled to benefit under Section 28A wherein award of Collector was made in 1974 and confirmed by Sub-ordinate Judge in January 1985 – Decision in Babua Ram & Ors. v. State of U.P., JT 1994 (7) SC 377 followed.
Cases Reffered:
1. Scheduled Castes Co-operative Land Owning Society Ltd., Bhatinda v. Union of India & Ors., JT 1990 (4) SC 1 = AIR 1991 SC 738. (Para 3) 2. Babua Ram & Ors. v. State of U.P. & Anr., JT 1994 (7) SC 377. (Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. The notification under Section 4(1) of the Land Acquisition Act was published on August 11, 1971 acquiring about 700 acres of land in Golabandha Buxi Palli, Vikrampur in Ganjam District of Orissa State. By his award Dt. June 22, 1974, the Land Acquisition Officer determined the market value. On reference under Section 18, the learned Sub-ordinate Judge confirmed the award of the Collector by his award and decree dt. January 31, 1985. The appellants did not carry the matter in appeal. When others filed the appeal under Section 54 of the Land Acqui-sition Act before the High Court, the High Court en-hanced the compensation to the fruit bearing trees at Rs. 990/- and Rs. 650/- for not fruit bearing trees by its judg-ment dt. April 21, 1992. Thereafter the appellants filed the application under section 28-A of the Land Acquisition Act on November 21, 1992 for redetermination. The Land Acquisition Officer dismissed the application and thereof, the High Court by its order dt. April 30, 1993 confirmed the same in O.J.C. No. 24/93. Thus this appeal by special leave.
3. It is contended that when the High Court awarded higher compensation by operation of section 28-A of the Land Acquisition Act, the appellants also are entitled to the same benefit. The point is now squarely covered by two judgments of this Court in Scheduled Castes Co-operative Land Owning Society Ltd., Bhatinda v. Union of India & Ors. reported in AIR 1991 SC 738 and Babua Ram & Ors. v. State of U.P. & Anr. reported in JT 1994 (7) SC 377. Therefore, the application under Section 28-A is not maintainable. The Collector and the High Court rightly refused to grant the amount on par with the judgment of this Court.
4. The appeal is accordingly dismissed. No costs.
1. Leave granted.
2. The notification under Section 4(1) of the Land Acquisition Act was published on August 11, 1971 acquiring about 700 acres of land in Golabandha Buxi Palli, Vikrampur in Ganjam District of Orissa State. By his award Dt. June 22, 1974, the Land Acquisition Officer determined the market value. On reference under Section 18, the learned Sub-ordinate Judge confirmed the award of the Collector by his award and decree dt. January 31, 1985. The appellants did not carry the matter in appeal. When others filed the appeal under Section 54 of the Land Acqui-sition Act before the High Court, the High Court en-hanced the compensation to the fruit bearing trees at Rs. 990/- and Rs. 650/- for not fruit bearing trees by its judg-ment dt. April 21, 1992. Thereafter the appellants filed the application under section 28-A of the Land Acquisition Act on November 21, 1992 for redetermination. The Land Acquisition Officer dismissed the application and thereof, the High Court by its order dt. April 30, 1993 confirmed the same in O.J.C. No. 24/93. Thus this appeal by special leave.
3. It is contended that when the High Court awarded higher compensation by operation of section 28-A of the Land Acquisition Act, the appellants also are entitled to the same benefit. The point is now squarely covered by two judgments of this Court in Scheduled Castes Co-operative Land Owning Society Ltd., Bhatinda v. Union of India & Ors. reported in AIR 1991 SC 738 and Babua Ram & Ors. v. State of U.P. & Anr. reported in JT 1994 (7) SC 377. Therefore, the application under Section 28-A is not maintainable. The Collector and the High Court rightly refused to grant the amount on par with the judgment of this Court.
4. The appeal is accordingly dismissed. No costs.
