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1996 Supreme(SC) 834

G.B.PATTANAIK, K.RAMASWAMY
Union Of India – Appellant
Versus
Bant Ram – Respondent


ORDER

Leave granted.

Heard learned counsel on both sides.

2. The notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act ) was published on July 10, 1979. The award under Section 11 was made on March 13, 1981. The respondents received the compensation without protest. The dissatisfied claimants moved an application under Section 18. On reference, the compensation was enhanced under Section 26 on November 6, 1985. Dissatisfied therewith, the claimants went in appeal to the High Court. On May 21, 1987, the High Court further enhanced the compensation. The respondents filed an application under Section 28-A of the Act on December 4, 1987. The Collector determined the compensation based on the judgment of the High Court by an award dated February 28, 1989. When the award was called in question in writ petition, the High Court by impugned order dated July 13, 1994 in W.P. No.10987/93 dismissed the petition. Thus, the appeal against the said order.

3. Dr. Rajiv Dhawan, learned senior counsel for the respondent has contended that Section 28A would apply not only when an award is made by the Court under Section 26 but also when judgment is made by the





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