JUDGMENT :

Rohit B. Deo, J.

The question which falls for determination is, if the Court to which reference is made under Section 18 of the Land Acquisition Act, 1894 (Act) refuses to enhance the compensation, and the compensation is enhanced by the High Court in appeal preferred under Section 54 of the Act, can a land owner covered by the same notification under Section 4 of the Act prefer an application under Section 28-A of the Act seeking enhanced compensation at par with the compensation allowed by the High Court in appeal preferred by the land owner.

2. The backdrop in which the question formulated arises is as set out infra.

2.1 Late Mr. Shankarrao Pandoji Shendge was the owner of field Survey 19/1, admeasuring 4.38 hectares situated at village Ansing, Taluka Umarkhed, District Yavatmal. Late Mr. Bhagwan Pandoji Shendge was the owner of field Survey 19/2, 26/3 and 44/2 admeasuring 9.51 hectares and petitioner 1(i) Mr. Nandeorao Shankarrao Shendge was the owner of field Survey 26/2 admeasuring 1.96 hectares and field Survey 44/1 admeasuring 3.05 hectares situated at Mouza – Ansing.

2.2 Mr. Shankarrao Pandoji Shendge died intestate on 12.02.1990 and petitioners 1(i) to 1(iii) are hi