( 1 ) ). Delay condoned. Substitution allowed. Leave granted.

( 2 ) ). We have heard learned counsel on both sides.

( 3 ) ). Notification under Section 4 (1 of the Land Acquisition Act, 1894 acquiring a long strip of land admeasuring 2916 acres, for digging Panjokhra Minor was published on 24/6/1982. The Collector in his award dated 13/9/19822 determined the market value at Rs. 26,000. 00 for abbi lands, Rs. 20,000. 00 for barani lands and Rs. 10,000. 00 in respect of gairmurnkin land. On reference under Section 18, the Additional District Judge enhanced the compensation to Rs. 93,000. 00 per acre for abbi land, Rs. 84,000. 00 per acre for barani land and Rs. 50,000. 00 per acre for gairmurnkin land. On appeal by the claimant, the learned Single Judge awarded uniform rate of value and determined the compensation at the uniform rate of Rs. 93,000. 00 per acre in respect of all the lands. Letters patent appeal filed by the State was dismissed. Feeling aggrieved by this order in LPA, the appellants have filed this appeal by special leave.

( 4 ) ). The only question is whether the learned Judge was right in awarding the uniform rate of compensation? Though the State had filed an appeal