Back
1995 Supreme(SC) 399
SUPREME COURT OF INDIA
UNION OF INDIA
Vs.
JAGDISH
Decided on March 21,1995
BINU TARNTA, N.N.GOSWAMY, S.N.TERDAL
The interpretation of Section 23(1-A) of the Land Acquisition Act and the entitlement to additional amount before the Amendment Act came into force.
Headnote:
Land Acquisition Act - Interpretation of Section 23(1-A) - Additional amount not payable for period before Amendment Act came into force
Fact of the Case:
The notification under Section 4(1) of the Land Acquisition Act was published before the Amendment Act came into force. The claimants sought additional amount under Section 23(1-A) for the period before the Amendment Act.
Finding of the Court:
The court found that the claimants were not entitled to the additional amount at 12% per annum under Section 23(1-A) for the period before the Amendment Act came into force. The appeal was allowed, and the decree awarding additional amount was set aside.
Issues: Interpretation of Section 23(1-A) of the Land Acquisition Act, entitlement to additional amount before the Amendment Act came into force
Ratio Decidendi: The court held that the claimants were not entitled to the additional amount as the award of the Collector was made before the Amendment Act came into force, and thus the additional amount was not payable for the period before the Amendment Act.
Final Decision: The appeal was allowed, and the decree awarding additional amount under Section 23(1-A) was set aside. In other respects, the award as upheld by the High court stands confirmed. No costs were awarded.
( 1 ). Leave granted.
( 2 ). Notification under Section 4 (1 of the Land Acquisition Act was published in the Gazette on 1/11/1978. The award of the Collector bears No. 26 of 1980-81. Therefore, the award is made well before the Land Acquisition (Amendment) Act 1984 (68 of 1984 came in force on 24/9/1984. In consequence, the claimants are not entitled to get the additional amount payable at the rate of 12% per annum under Section 23 (1-A) for the period between the date of the notification and the date of the award or the date of taking possession whichever is earlier; yet the same is awarded by the High court. The appeal is, accordingly, allowed. The judgment to the extent of grant of additional amountunder Section 23 (1-A) stands set aside. In other respects, the judgment stands confirmed. No costs.
( 3 ). Admittedly, the notification under Section 4 (1 of the Land Acquisition Act was published on 4/6/1977. The award of the Collector under Section 11 was made on 22/7/1981, i. e. , before Section 23 (1-A) of the Land Acquisition Act as amended by Amendment Act 68 of 1984 had come into force, under those circumstances, the claimants are not entitled to the payment of additional amount at 12% per annum under section 23 (1-A) on such market value for theperiod commencing on and from the date of the publication of the notification under Section 4 (1 in respect of such land to the date of the award of the Collector or the date of the taking possession of the land whichever is earlier. Since the award of the Collector was earlier in point of time to the date of the Amendment Act coming into force, the respondent is not entitled to the additional amount as envisaged under Section 23 (1-A ). The High court, therefore, was not right in awarding the additional amount. The appeal is allowed and the decree to the extent of awarding additional amount under Section 23 (1-A) is set aside. In other respects, the award as upheld by the High court, stands confirmed. No costs.
.
