The main legal point established in the judgment is that subsequent amendments in the Land Acquisition Act may not be applicable to acquisitions under specific state Acts, and the court also clarified the interpretation of Section 7(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948.

ORDER

1. Application for intervention is allowed.

2. Both these appeals can be disposed of by a common judgment. Both of them are against the judgment of the High Court dated 14-7-2000.

3. Briefly stated, the facts are as follows:

On 17-11-1987 there was a notification under Section 4 of the West Bengal Land (Requisition and Acquisition) Act, 1948. The award came to be passed on 8-6-1988. The question is whether the claimants are entitled to compensation under Section 23(1-A) of the Land Acquisition Act, 1894. This has been allowed by the High Court by the impugned judgment. The High Court has based this decision on another judgment in respect of other lands acquired under the same notification. We are fairly informed that the other party has been paid this additional amount as the special leave petition was

dismissed by this Court on the ground that it was barred by limitation. Thus, on the basis ofparity, the High Court was right in granting even in this case. We do not see any reason to interfere with the award. However, the High Court has also decided and held on merits that the amount is payable. This is a question of law which affects many cases and the law is thus required to be settled. We, thus entertain Civil Appeal No. 2549 of 2002 only to settle the question of law.

4. On the basis of the other judgment the High Court has also made a deduction of 20% for development charges. Aggrieved by that portion, Civil Appeal No. 2550 of 2002 has been filed by the claimants. As the acquisition was of a large piece of land, the High Court was right in making the deduction of 20%. It cannot be said that the deduction of 20% is unreasonable. Even otherwise, on the basis of parity, the High Court was right in making the same deduction. To this extent, we see no infirmity in the impugned judgment. Civil Appeal No. 2550 of 2002 is dismissed with no order as to costs.

5. As stated above, the acquisition is under the West Bengal Land (Requisition and Acquisition) Act, 1948. The relevant provision is Section f 7(1) which reads as under:

"7: (I) Wherever any land is acquired under Section 4 there shall be paid to every person interested compensation the amount of which shall be determined by the Collector in the manner and in accordance with the principles set out in sub-section (I) of Section 23 of the Land Acquisition Act, 1894, so far as they may be applicable Provided that the market value referred to in clause first of sub-section (I) of Section 23 of the said Act shall, in respect of any land acquired under this Act, be deemed to be the market value of such land on the date of publication of the notice referred to in sub-section (I -a) of Section 4:

Provided further that in respect of any land in Calcutta which, immediately before the 1st day of January, 1964, constituted a bustee as defined in clause (10) of Section 5 of the Calcutta Municipal Act, 1951, the amount of compensation to be paid on account of acquisition to the persons interested shall be determined in the manner and in accordance with the principles set out in sub-section (I) of Section 7 of the Calcutta Slum Clearance and Rehabilitation of Slum-Dwellers Act, 1958, so far as they may be applicable." Thus compensation is to be worked out in the manner and in accordance with the principles set out in sub-section (I-A) [sic (I)] of Section 23 of the Land Acquisition Act, 1894. The High Court has proceeded on the footing that the case is governed by a decision of this Court in the case of u.P. Avas Evam Vikas Parishad v. lainul Isiaml. In this case, the acquisition was under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. Section 55 of which read b as under:

"55. Power to acquire land.-(l) Any land or any interest therein required by the Board for any of the purposes of this Act, may be acquired under the provisions of the Land Acquisition Act, 1894 (Act I of 1894), as amended in its application to Uttar Pradesh, which for this purpose shall be subject to the modific