(1995) 2 Supreme Court Cases 734 D. Krishna Veni and Ors. Vs State of Orissa and ors 728

Land Acquisition Act, 1894-Ss. 18, 28-A-Compensation-Award-Reference under S.18 availed of by the party-Whether could approach under S.28-A-Held : No, since the party has availed the remedy of reference-Bar of res judicata also applicable.

In respect of certain land acquisition, in addition to the compensation to the land, the Collector awarded Rs. 80/- per fruit bearing tree and Rs. 60/- per non-fruit bearing tree as full value. On reference the award was confirmed by the Sub-Judge. The appellant did not prefer an appeal. When the others filed appeal the High Court had enhanced the compensation to Rs. 990/- for fruit bearing tree and to Rs. 650/- for non-fruit bearing tree.

The appellants filed an application under S.28-A of the Land Acquisition Act, which was dismissed and it was later confirmed by the High Court. Hence these appeals.