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1996 Supreme(SC) 696
1996(3) Supreme 405
SUPREME COURT OF INDIA
G.N. Ray and B.L. Hansaria, JJ.
Rafiq Mohd. -Appellant
versus
State Government of M.P. & Ors. -Respondents
Civil Appeal No. 5131 of 1996
(Arising out of SLP (C) 9340 of 1995)
Decided on 29-3-1996
Headnote:Land Acquisition (Amendment) Act, 1984-Section 23(1-A) & 23(2) & 28-Collection had made award on 20.11.1963-Appellants are not entitled to additional sum under Section 23(1-A)-Decree by reference court was passed on 22.9.83-Appellants are entitled to benefits of Sections 23(2) & 28.
JUDGMENT
Hansaria, J.-Leave granted. Heard learned counsel for the parties. Perused written submissions filed on behalf of the respondents.
2. The appellant claims the benefits of Land Acquisition (Amendment) Act, 1984. As to when such benefits are available has been spelt out by two Constitution Bench decisions : (1) Union of India v. Raghubir Singh1, (2) K.S. Paripoornan v. State of Kerala2. As the award by the Collector in the present case was passed on 20.11.63, the appellant is not entitled to any additional sum visualised by Section 23(1-A) in view of the decision in Paripoornan s case. But the decree of the Reference Court being of 22.9.83, benefits of amendment Sections 23(2) and 28 would be available because of the decision in Raghubir Singh s case.
3. The appeal is allowed accordingly. The additional amount which has become payable because of this judgment shall be paid to the appellant within a period of three months from today.
4. No order as to costs.
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Parallel Citations of other Journals :
Rafiq Mohd. v. State Government of M.P. & Ors., 1996(3) Supreme 405
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