KURIAN,J. - (1.) Leave granted.
(2.) What is the course to be adopted by the Land Acquisition Collector under Section 28A of The Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), when the award based on which enhancement is sought is pending in appeal, is the issue arising for consideration in this case.
(3.) The Section 4(1) Notification was issued on 17.01.1974. The compensation was determined by the Land Acquisition Officer on 04.06.1977. The appellants did not pursue the matter further under Section 18 of the Act in Reference. However, other claimants of the lands covered by the same Section 4(1) Notification took up the matter further and the Reference Court allowed enhancement and fixed the land value at Rs.5,000/- per acre in the place of Rs.3,000/3,500 offered by the Land Acquisition Officer, as per the award dated 01.10.1992 in LAR Nos. 123 and 129 of 1983 on the file of the Second Additional District Judge, Aurangabad. The appellants filed an application on 31.12.1992 under Section 28A of the Act seeking similar enhancement within the period of three months as required under Section 28A. ;