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1996 Supreme(SC) 344
SUPREME COURT OF INDIA
G B Pattanaik, K Ramaswamy
STATE OF KERALA, APPELLANT
VERSUS
GEORGE JOSEPH, RESPONDENT.
Civil Appeals Nos. 3649-50 of 1996 (Arising out of SLPs (C) Nos. 6180-81 of 1995), decided on February 12, 1996.
Entitlement to additional payment under the Land Acquisition Act is determined based on the chronological order of the award and notification.
Headnote:
Land Acquisition Act - Notice Deemed Served - Additional Payment Entitlement
Fact of the Case:
The respondent claimed entitlement to additional payment under Section 23(1-A) of the Land Acquisition Act, 1894 based on the date of the award and notification.
Finding of the Court:
The court found that the respondent was not entitled to the additional amount as the notification preceded the date of the award, and the point in the case was no longer open for consideration.
Issues: Entitlement to additional payment under Section 23(1-A) of the Land Acquisition Act
Ratio Decidendi: The court's decision was influenced by the chronological order of the award and notification, leading to the conclusion that the respondent was not entitled to the additional amount.
Final Decision: The appeals were allowed, and the award to the extent of the additional amount was set aside, with no costs imposed.
ORDER
1. Though notice was issued to the respondent, no unserved acknowledgment has been received so far. Therefore, notice must be deemed to have been served on the respondent.
2. Leave granted.
3. The point in the case is no longer res integra. The award of the Collector is dated 27-3-1981 and the notification under Section 4(1) of the Land Acquisition Act, 1894 is of 26-9-1978. Therefore, the respondent is not entitled to the payment of the additional amount under Section 23(1-A) of that Act.
4. The appeals are accordingly allowed. The award to the above extent is set aside. No costs.
