ORDER

1. Acquisition proceedings were initiated in regard to several lands including Survey No. 85 of Curti Village belonging to the respondents under preliminary notification dated 14.2.1991 for construction of Panda By-pass road. The Land Acquisition Officer awarded compensation at the rate of Rs.7/- per sq.m. The Reference Court increased the compensation to Rs. 154/- per sq.m. The High Court did not disburse the amount awarded by the Reference Court, as it found that in an appeal arising from the award in LAC No. 48/1995 relating to a comparable land compensation at a higher rate had been awarded at the rate of Rs.200/- per sq.m. Leave is sought to challenge the said judgment of the High Court dismissing the appeal of the petitioner.

2. The petitioner alleges that the acquired land measuring 2715 sq. meters, was a narrow strip which fell within the 40 meters margin from the centre of the highway where constructions were prohibited. It is contended that as the acquired land could not be used for construction, the land had to be considered as not having any development potential; and that therefore it could not be compared with the land (which was the subject matter of LAC No. 48