Notification under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act acquiring an extent of 18 acres 7 cents of land belonging to the appellants, was published on January 3, 1980 along with the lands of other persons.
When writ petition was filed in the High Court, the learned Single Judge directed redetermination of the companypensation under Section 28 A. On appeal, the High Court in Writ Appeal No.117 of 1993, by judgment and order dated August 20, 1993, held that the reference under Section 28 A was number maintainable.
In other words, the companyrt of original jurisdiction which receives an order of reference pursuant to an application made under Section 18 is the Civil Court of original jurisdiction.
1483 of 1984 and cross objections of the claimants, the High Court, by judgment and decree dated February 1, 1989, allowed the cross objections and determined the companypensation at Rs.20,000/ per acre.
By necessary implication, judgment of an appellate companyrt made under Section 54 of the Act does number give right or cause of action to make an application under Section 28 A of the Act.
Based thereon, an application under Section 28 A of the Act was filed on May 16, 1989 seeking redetermination of the companypensation and payment of the additional benefits.
The Land Acquisition Officer in his award dated October 31, 1981 determined companypensation at the rate of Rs.
In Union of India Anr.
Thus this appeal by special leave.
The Civil Court, by award and decree dated November 21, 1983, enhanced the companypensation to Rs.12,000/ per acre.
The application was rejected by the Land Acquisition Officer by his order dated June 1, 1991.
Thereupon, the respondents filed an application on January 2, 1991 under Section 28A 1 seeking reference to the Court on the basis of judgment of the High Court.
The expression Court has been defined under Section 3 d to mean a principal Civil Court of original jurisdiction and in an appropriate case a special judicial officer appointed by the Government to performt he functions of the companyrt.
v. Raghubir Singh Dead By Lrs.
On further appeal by the State, in A.S.No.
Leave granted.
4,500/ per acre.
In other words, the foundation for makng an application under Section 28 A is the award of the companyrt.
The appellant accepted the amount without protest.
Award under Section 11 was made on December 22, 1983.
On an appeal filed by other claimants, by judgment and decree dated September 10, 1990, the High Court enhanced the companypensation.
