- (1.) Leave granted.
(2.) Notification under S.4 (1) of the Land Acquisition Act, 1894 (for short, the 'Act') was published on 24-3-1971. The Collector under S.11 passed his award on July 10, 1971. Thereon, the appellant along with others sought and had reference to the Additional District Judge under S. 18. After further enhancement of the award under S. 26, the appellants had not carried the matter in appeal to the High Court under S.54. Some other claimants filed RFA No. 1326/78 wherein the High Court had enhanced the compensation to Rs. 135/- per sq.yd. Subsequently, after two years, the appellant had filed applications under S. 28 A to the Land Acquisition Officer who in his award in LC case No. 51/91 by order dated May 10, 1993 dismissed the application. On revision filed by the applicants in C.R. No. 2659/93, the High Court of Punjab and Haryana by order dated September 21, 1993 dismissed the petition. Thus this appeal by special leave.
(3.) The only question is:whether the Land Acquisition Officer was right in refusing to award the compensation to the appellants @ Rs. 135/- pr sq.yd. pursuant to the order passed by the High Court in RFA No. 1326/79. Section 28-A(1)of the Act reads thus: "Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under S. 11, the persons interested in all the other land covered by the same notification under S. 4, sub-sec(1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector u/S.18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be redetermined on the basis of the amount of compensation awarded by the Court: Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded." ;