- (1.) Leave granted.
(2.) 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 3/1/1980 along with the lands of other persons. The Land Acquisition Officer in his award dated 31/10/1981 determined compensation at the rate of Rs. 4,500. 00 per acre. The appellant accepted the amount without protest. Other claimants had protested and sought reference under Section 18 of the Act. The civil court, by award and decree dated 21/11/1983, enhanced the compensation to Rs. 12,000. 00 per acre. On further appeal by the State, in AS No. 1483 of 1984 and cross-objections of the claimants, the High court, by judgment and decree dated 1/2/1989, allowed the cross-objections and determined the compensation at Rs. 20,000. 00 per acre. Based thereon, an application under Section 28-A of the Act was filed on 16/5/1989 seeking redetermination of the compensation and payment of the additional benefits. The application was rejected by the Land Acquisition Officer by his order dated 1/6/1991. When writ petition was filed in the High court, the learned Single Judge directed redetermination of the compensation under Section 28-A. On appeal, the High court in Writ Appeal No. 117 of 1993, by judgment and order dated 20/8/1993, held that the reference under Section 28-A was not maintainable. Thus this appeal by special leave.
(3.) Section 28-A of the Act speaks of redetermination of the amount of compensation on the basis of the "award of the court" and provides that when the court allows any amount in excess of the amount awarded by the Collector under Section 11, the person or persons interested in all other land covered by the notification under Section 4 (1 and who are aggrieved by the award of the Collector may, notwithstanding that he/they had not made an application, by a written application to the Collector within three months from the date of award of the court, require the Collector to redetermine the compensation on the basis of the amount of compensation awarded by the court. In other words, the foundation for making an application under Section 28-A is the award of the 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 perform the functions of the court. In other words, thecourt of original jurisdiction which receives an order of reference pursuant to an application made under Section 18 is the civil court of original jurisdiction. By necessary implication, judgment of an appellate court made under Section 54 of the Act does not give right or cause of action to make an application under Section 28-A of the Act.;