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1994 Supreme(SC) 1050

M.K.MUKHERJEE, S.P.BHARUCHA, K.RAMASWAMY
K. S. Paripoornan (Ii) – Appellant
Versus
State Of Kerala – Respondent


Advocates:
A.S.NAMBIYAR, M.T.George, P.S.POTI, V.B.SAHARYA

JUDGMENT

Leave granted.

2. Notification under Section 3(1) of the Kerala Land Acquisition Act, 1961 Act 21 of 1962 was published in the State Gazette on March 21, 1979. The Collector under Section 11 thereof passed his award on December 30, 1980. Thereafter, possession of some land was taken on January 15, 1991 and the balance land on March 13, 1981. The compensation was deposited on August 10, 1981. On a reference u/s. 18 the Civil Court enhanced the compensation at Rs. 5,000/- per cent in its award and decree dated February 28, 1965. The enhanced compensation was deposited on October 20, 1986 and December 3, 1986 respectively. The High Court on appeal, while confirming the enhanced compensation granted by the Civil Court disallowed interest under Sections 28 and 23 (1-A) of the Land Acquisition (Amendment) Act 68 of 1984, for short the Amendment Act. By operation of the Amendment Act which has come into force on September 24, 1984 repealed the Kerala Act and thereby Central Act 1 of 1894 became applicable as amended by the Amendment Act. Section 15(b) and Section 18 of the Amendment Act amended Section 28 and Section 23(2) of the Central Act 1 of 1894. The High Court, relying upon










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