1. Land acquisition proceeding — Notification under Section 4(1) and award issued — Dispute over additional compensation under Section 23(1-A), Land Acquisition Act, 1894. (Para 2 )
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1995 Supreme(SC) 822
SUPREME COURT OF INDIA
B.L.Hansaria : K.Ramaswamy
Special Land Acquisition Officer
Versus
N.S.Takkalaki
Case No. : .
Date of Decision : 8/16/95
Advocates Appeared: Veerappa M.
Advocates:
M.VIRAPPA
M.VIRAPPA
Additional compensation of 12% per annum under Section 23(1-A) of the Land Acquisition Act, 1894, as amended by Amendment Act 68 of 1984, is not applicable to cases where the Section 4(1) notification and the award were issued before the amendment.
Headnote:(A) Land Acquisition Act, 1894 - Section 4(1) and Section 23(1-A) - Amendment Act 68 of 1984 - Additional amount @ 12% per annum - Notification published on 23/1/1980 and award given on 28/3/1980 - Respondents not entitled to additional amount under Section 23(1-A) as amended by Amendment Act 68 of 1984. (Para 2)
Facts of the case:
A notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 23/1/1980, and the Land Acquisition Officer delivered the award on 28/3/1980. The respondents claimed an additional amount of 12% per annum of the enhanced compensation under Section 23(1-A) of the Act, as amended by Amendment Act 68 of 1984.
Findings of Court:
The court found that since the notification under Section 4(1) was published and the award was given in 1980, the respondents are not entitled to the additional amount under Section 23(1-A) as introduced by Amendment Act 68 of 1984.
Issues: Whether the respondents are entitled to the additional amount @ 12% per annum of the enhanced compensation under Section 23(1-A) of the Land Acquisition Act, 1894, as amended by Amendment Act 68 of 1984.
Ratio Decidendi: The additional compensation provided under Section 23(1-A) of the Land Acquisition Act, 1894, as amended by Amendment Act 68 of 1984, is not applicable to acquisitions where the notification and the award were issued prior to the relevant amendment.
Result: Appeal allowed and the grant of additional amount under Section 23(1-A) is set aside.
Legal Category Hierarchy
Table of Contents
2. Entitlement to additional compensation at 12 per cent per annum under Section 23(1-A) of the Land Acquisition Act, 1894. (Para 2 )
3. Notification and award were issued prior to the Amendment Act 68 of 1984, precluding entitlement to additional compensation. (Para 2 )
4. Additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894, as amended by Act 68 of 1984, does not apply to awards issued before the amendment. (Para 2 )
5. Appeal allowed — Grant of additional amount under Section 23(1-A) set aside — Other aspects of the award confirmed. (Para 3 )
6. When is additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894, not applicable?
Additional compensation is not applicable when the notification under Section 4(1) and the award were issued prior to the Amendment Act 68 of 1984. (Para 2 )
(1) LEAVE granted.
(2) NOTIFICATION under Section 4(1 of the Land Acquisition Act, 1894 (for short, the Act) was published on 23/1/1980 and the Land Acquisition Officer gave his award on 28/3/1980. Consequently, the respondents are not entitled to the additional amount @ 12 per cent per annum of the enhanced compensation under Section 23(1-A) of the Act as amended by Amendment Act 68 of 1984,
(3) THE appeal is accordingly allowed and the grant of additional amount under Section 23(1-A) is set aside. In other respects, the award of the reference court, as confirmed by the High court, stands confirmed. No costs.
