JUDGMENT :

Dhiraj Singh Thakur, J.

The present writ appeal has been preferred against the judgment and order dtd. 21/2/2023 passed by the Writ Court in W.P.No.2976 of 2022, whereby the writ petition has been dismissed.

2. In the writ petition, the petitioners had challenged the Endorsement dtd. 19/11/2021 issued by the Land Acquisition Officer-cum-Revenue Divisional Officer (Deputy Collector), Eluru, whereby the application of the petitioners under Sec. 28A of the Land Acquisition Act, 1894 (for short 'the Act of 1894') was rejected on the ground of abnormal delay.

3. Sec. 28A of the Act of 1894 reads thus:

"28A. Re-determination of the amount of compensation on the basis of the award of the Court:-

(1) 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 Sec. 11, the persons interested in all the other land covered by the same notification under Sec. 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 under Sec. 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 re-determined 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-sec., the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.

(2) The Collector shall, on receipt of an application under subsec. (1), conduct an inquiry after giving notice to all the persons interested and giving from them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under subsec. (2) may, by written application to the Collector, required that the matter be referred by the Collector for the determination of the Court and the provisions of Ss. 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under Sec. 18."

Thus, it is clear that Sec. 28A is an enabling provision which allows an applicant to seek enhancement of the award of the Collector notwithstanding the fact that an application has not been made by such an applicant to the Collector under Sec. 18 of the Act of 1894, in a case where the Court allows compensation in excess of the amount awarded by the Collector under Sec. 11 in favour of persons interested in other lands covered by the same notification under Sec. 4(1) of the Act of 1894. However, the application under Sec. 28A has to be made within three months from the date of the award of the Court.

4. In the backdrop of the afore-mentioned legal provision, it can be seen that the lands of the appellants were acquired for construction of FCI godowns in Epuru Village resulting in an award dtd. 9/5/1988. The land owners of the neighbouring lands filed L.A.O.P.No.102 of 1991 before the competent Civil Court i.e., the Senior Civil Judge, Eluru for enhancement of compensation and the same was decided on 25/2/2003, enhancing the compensation from Rs.34, 000.00 to Rs.40, 000.00. The matter ultimately went up in appeal in A.S.Nos.2535 and 3911 of 2003, which were disposed of by the High Court on 8/10/2014, enhancing the compensation from Rs.40, 000.00 to Rs.55, 000.00, based upon which, the compensation at enhanced rates were paid to such appellants at rates higher than the ones awarded by the Collector in its award dtd. 9/5/1988.

5. It is no longer res integra that while a claimant-land owner can claim enhancement of compensation in terms of Sec. 28A of the Act of 1894, yet the period of three months within which he is required to file such an application ought to be reckoned from the date of the award by the Reference Court. Reliance in this regar