IMPORTANT POINT
The amendments made to the Land Acquisition Act, 1894 by Central Act No. 68 of 1984 to Sections 23 and 28 which confer certain additional monetary benefits to the land holders are to be made applicable to the acquisition proceedings initiated under Maharashtra Regional Town Planning Act, 1966 read with Land Acquisition Act, 1894 in the year 1987.

Judgement

P. Venkatarma Reddi, J- This appeal by Special leave arises out of the Judgement of the High Court of Judicature at Bombay in a first appeal and cross-objection preferred under the Land Acquisition Act. The High Court affirmed the judgment and decree passed by the Joint District Judge, Nashik. The acquisition which is the subject matter of this appeal was in respect of 5,800 sq. meters land situated near Satana town. The market value as on 7-5-1987 was fixed at Rs. 300/- per Sq. metre and the statutory benefits under the amended Sections 23 and 28 of L.A. Act were extended.

2. The acquisition proceedings were initiated under the provisions of Maharashtra Regional Town Planning Act, 1966 (hereinafter referred to as MRTP Act ) read with the Land Acquisition Act in the year 1987 for the purpose of extension of bus-stand. Primarily, in this appeal, this Court is called upon to decide the question whether amendments made to the Land Acquisition Act by Central Act No. 68 of 1984 to Sections 23 and Section 28 which confer certain additional monetary benefits to the land holders are to be made applicable to the instant acquisition.

3. It may be noted that by Central Act 68 of 1984, sub-section (1-A) was added to Section 23 which entitled the claimants to receive the amount calculated at the rate of 12 per cent per annum on the market value for the period commencing on and from the date of the publication of the notification under Section 4 (1) upto the date of the award or the date of taking possession of the land, whichever is earlier. It is ruled by the Constitution bench in Sunder vs. Union of India (2001 (7) SCC 211) that this additional amount is part of compensation awarded. Another benefit made available under Act 68 of 1984 is the enhancement of solatium payable as per sub-section (2) of Section 23 from 15 per cent to 30 per cent. Under Section 28, as amended, the claimant is entitled to receive interest on the excess compensation awarded at the increased rates.

4. The contention on behalf of the appellant is that the said amended provisions of the Land Acquisition Act cannot be made applicable to the acquisition of land resorted to under the MRTP Act, the reason being that those amendments to the Land Acquisition Act subsequent to the date of the commencement of MRTP Act 1966 cannot be read into the MRTP Act. In other words, the contention is that in matters relating to compensation and the allied benefits admissible to the claimants/land holders, the relevant provisions of the Land Acquisition Act (hereinafter referred to as L.A. Act) as they stood on the date of enactment of the MRTP Act alone are relevant and the subsequent amendments thereto are liable to be ignored in relation to an acquisition under MRTP Act. The contention of the respondent-claimant is that any amendment made to the Land Acquisition Act more particularly with regard to determination and payment or compensation in respect or which there is no independent provision in the MRTP Act shall be made applicable for the acquisition under the MRTP Act. No contrary intention is expressed in the MRTP Act to exclude the future amendments to L.A. Act on the subject of compensation. It is further contended that Section 126 is an instance of referential legislation.

5. The answer to the question depends on the examination of provisions contained in Chapter VIII ("Land Acquisition") of MRTP Act and more particularly the interpretation to be placed on Section 126(3) of the said Act which reads as follows :

S. 126:

(3) "On publication of a declaration under the said section 6, the Collector shall proceed to take order for the acquisition of the land under the said Act; and provisions of that Act shall apply to the acquisition of the said land with the modification that the market value of the land shall be,-

(i) where the land is to be acquired for the purpose of a new town, the market value prevailing on the date of publication of the notifica