JUDGMENT

Retroactivity of some of the provisions of Land Acquisition Act, 1894, as amended by Land Acquisition Amendment Act, 68 of 1984, has been a source of good amount of conflict of opinion in this Court as well as among the High Courts in the country. We are not happy in adding to it but we find it inescapable, convinced as we are, that the view taken by a three-Judge Bench of this Court in Union of India v. Zora Singh, C.A. No. 4568/91 decided on 22-11-1991 (reported in 1991 (4) JT (SC) 538) requires reconsideration. We shall first state the facts, in S. L. P. No. 5514 of 1990 to indicate how the question arises.

2. The notification under S. 3(1) of the Kerala Land Acquisition Act (corresponding to S. 4(1) of the Land Acquisition Act 1894) was issued on 21-3-1978. Declaration under S. 6 was made on 15-5-1979. The Land Acquisition Officer (Collector) passed the award on 30-12-1980 and possession of acquired lands taken sometime in 1981. The claimants were not satisfied with the award. They asked for a reference under S. 18 which was made. The Civil Court gave its decision on 28-2-1985, enhancing the compensation.

3. The Land Acquisition Amendment Bill, which was later enacted into Amendment Act 68 of 84, was introduced in Parliament on 30-4-1982. The Amendment Act came into force with effect from 24-9-1984. For the present purpose it is sufficient to notice only two provisions of the Amendment Act. By Section 15 of the Amendment Act, Sub-sec. (IA) was introduced in S. 23. It reads:

"Section 23(IA) - In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of the publication of the notification under S.4, sub-sec. (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier:

Explanation - In computing the period referred to in this sub-section any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded."

4. By S. 15 of the Amendment Act Sub-sec. (2) of S. 23 was also amended. In place of the words "15 per centum", the words "30 per centum" were substituted. Ss. 28 and 34, relating to interest were also amended, raising the rate of interest, vide Ss. 18 and 20 of the Amendment Act.

5. Though the Amendment Act came into force with effect from 24-9-1984, some of its provisions were given retrospective effect, namely, the newly introduced sub-see. (1 A) of S. 23 and the amended sub-sec. (2) of S. 23 and Ss. 28 and 34. This was done by S. 30 of the Amendment Act which reads thus:

"Section 30 - Transitional provisions -(1) The provisions of sub-sec. (I A) of S. 23 of the principal Act, as inserted by Cl. (a) of S.15 of this Act, shall apply, and shall be deemed to have applied, also to, and in relation to,-

(a) every proceeding for the acquisition of any land under the principal Act pending on the- 30th day of April, 1982 (the date of introduction of the Land Acquisition (Amendment) Bill, 1982, in the House of the People), in which no award has been made by the Collector before that date;

(b) every proceeding for the acquisition of any land under the principal Act commenced after that date, whether or not an award has been made by the Collector before the commencement of this Act.

(2) The provisions of sub-sec. (2) of S. 23 and S. 28 of the principal Act, as amended by Cl. (b) of S. 15 and S. 18 of this Act respectively, shall apply and shall be deemed to have applied, also to, and in relation to, any award made by the Collecter or Court or to any order passed by the High Court or SC in appeal against any such award under the provisions of the principal Act after the 30th day of April, 1982 (the date of introduction of the Land Acquisition (Amendment) Bill, 1982, in the House