A question of considerable importance arises for decision in this writ petition. The question is whether to maintain an application under Section 28A of the Land Acquisition Act for redetermination of the amount of compensation payable to a party who had not made an application to the Collector under Section 18, it is necessary that the court award relied on by the applicant should be one passed on a reference made by the Land Acquisition Officer under Section 18 at the behest of some other owner whose land was also acquired under the same Section 4(1) notification. Incidentally the question is whether the expression “award of the court” employed in the heading and body of Section 28A(1) can include an award made by the court in a reference case registered under Section 28A(3) also?

2. The short facts are that the petitioner’s property extending to 9.20 Ares was acquired on the basis of an award passed by the 2nd respondent, Land Acquisition Officer for the Muvattupuzha Vallley Irrigation Project. The petitioner did not seek a reference under Section 18 of the Land Acquisition Act for enhancement of compensation. The petitioner filed Ext.P1 application under Section 28A