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SUPREME COURT OF INDIA
K.Ramaswamy : Sujata V.Manohar
Umed Industries And Land Development Company
Versus
State Of Rajasthan
Case No. : 1299 of 1988
Date of Decision : 1/17/95
Advocates Appeared: Beri B.B. : Makwana Indra : Sharma B.D.
Land Acquisition Act, 1894 - Section 52 - Rajasthan Urban Improvement Act, 1959 - Section 52 – Acquisition of Land – Claim of compensation – Jurisdiction - Only contention raised by learned counsel for appellants is that provisions of S. 52 are inconsistent with provisions of Land Acquisition Act amending principal Land Acquisition Act 1 of 1894 and that therefore provisions of S. 52are void - Unfortunately this contention, though was raised before the District Judge, was not pursued before the High court nor any independent proceedings have been taken challenging the constitutionality of the provisions referred to hereinbefore – Therefore court cannot permit appellants to agitate this question for the first time in this appeal – Held, A reading thereof would make the legislative intention clear that any action taken, done or made under and in accordance with the provisions of Act as it stood before date of commencement of central Amendment Act 68 of 1984, such action, thing or order shall not be reopened or reviewed or be liable to be challenged on the ground that such action, thing or order was at variance with that provided in Land Acquisition Act, 1894 subject however that any further proceeding, action or order in such matter conducted, taken or made on or after the date of commencement shall subject to the other provisions of this section, namely, Section 60-A, be made under and in accordance with LA Act. Sub- section (2 also makes the matter very clear, namely, the amount of compensation or interest or that payable for any other reason shall, in a matter pending on the date of commencement, be payable under and in accordance with the provisions of LA Act and money paid prior to the date of commencement shall be deducted from or adjusted against the said amount - It was applied to pending appeals - Thereby it is amply clear that the amount of compensation or interest or that payable for any other reason shall be in accordance with the provisions of LA Act - But their entitlement will be only from the date of commencement of the Act but, not anterior thereto - IN Union of India a Constitution bench of this court has held that in proceedings pending before the date of the introduction of Amendment Act and the date of commencement of the Amendment Act either before the Land Acquisition Officer or before the reference court enhanced would be payable - In view of fact that the award was made by the District court prior to the commencement of Amendment Act claimants are not entitled to -However, since the proceedings are pending, they are entitled to payment of from the date of commencement of Act, namely date of payment on the enhanced compensation awarded by the District court. As regards interest is concerned, till the State Amendment Act has been operating claimants are entitled to interest under the central Amendment Act only on and enhanced compensation on enhanced market value for – Therefore after expiry of one year till date of payment or deposit, the claimants are entitled to interest at 15% on the enhanced compensation. With regard to additional amount under Section 23(1-A) this court in State of Kerala held that the claimants would not be entitled to additional amount, if the proceedings were not pending before the civil court as on the date of the commencement of central Amendment Act. Since the Amendment Act was made applicable only claimants also are not entitled to the additional amount under Section 23 - Appeal is allowed
(1) THIS appeal, by special leave, arises from the judgment of the learned Single Judge of the High court of Rajasthan, dated 22/7/1987 made in Revision No. 265 of 1983 and batch.
(2) THE notification under Section 52 of the Rajasthan Urban Improvement Act, 1959 for short the Act, was published in the State Gazette on 10/10/1974 acquiring an extent of 39,875 acres of land for urban development. Possession of the land was taken on 10/10/1974. Though the appellant had claimed larger amount, the Additional Collector in his Award dated 18/4/1980 determined the market value @ Rs. 13.50 per sq. yd. Feeling aggrieved, the appellants carried the matter in appeal under Section 54 of the Act claiming additional amount of compensation and also solatium and interest. The government also filed appeals against the order of the Collector awarding 10% interest. The District Judge by his common award and decree dated 9/2/1983 determined the compensation @ Rs. 49.50 per sq, yd. and reduced the interest from 10% to 6% from 10/10/1974. Still further aggrieved, the appellants carried the matter in revision to the High court. The appellants revision is 498 of 1983, the High court by a common judgment dismissed the revision petitions as stated earlier on 22/7/1984. Thus this appeal.
(3) THE only contention raised by the learned counsel for the appellants is that the provisions of S. 52(2 and 53(6(a) are inconsistent with the provisions of the Land Acquisition (Amendment) Act 68 of 1984 amending the principal Land Acquisition Act 1 of 1894 and that therefore the provisions of S. 52(2 and 53(6(a) are void. Unfortunately, this contention, though was raised before the District Judge, was not pursued before the High court nor any independent proceedings have been taken challenging the constitutionality of the provisions referred to hereinbefore. Therefore, we cannot permit the appellants to agitate this question for the first time in this appeal. However, the State Legislature, after the central Act 68 of 1984 has come into force, has taken care to amend the provisions of the Act and the relevant provisions in the Rajasthan Land Acquisition Act, 1953 as applicable to the State by appropriate amendments. As regards the Act is concerned, the Legislature amended the same by State Amendment Act 29 of 1987 which came into force w.e.f. 1-8-1987. Therein the Act has taken care of transitory provision in Section 60-A of the Act which reads thus: "60-A. Transitory provisions for pending matters relating to acquisition of land.- (1 Notwithstanding anything otherwise contained in Ss. (1 of Section 52, where in any matter relating to the acquisition of land pending on the date of commencement of the Rajasthan Urban Improvement (Amendment) Ordinance, 1987 (hereinafter in this section referred to as the date of commencement), an action, thing or order has been taken, done or made under and in accordance with the provisions of this Act as it stood before the date of commencement such action, thing or order shall not be reopened or reviewed or be liable to be challenged on the ground that such action, thing or order was at variance with that provided in the Land Acquisition Act, 1894 (Central Act 1 of 1894 (hereinafter in this section referred to as the Land Acquisition Act) subject, however, that any further proceeding, action or order in such matter conducted, taken or made on or after the date of commencement shall subject to the other provisions of this section, be made under and in accordance with the Land Acquisition Act.
(2 The amount of compensation or interest or that payable for any other reason shall, in a matter pending on the date of commencement, be payable under and in accordance with the provisions of the Land Acquisition Act and the money paid prior to the date of commencement shall be deducted from or adjusted against the said amount.
(3 & (4 * * *
(5 In determining the amount of compensation to be awarded in a matter pe
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