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2008 Supreme(SC) 604

P.SATHASIVAM, ARIJIT PASAYAT
Lilawati Agarwal (dead) by Lrs. – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. —

1.Leave granted in SLP(C) Nos. 15653, 15657, 15683 and 20741 of 2004.

2.All these appeals involve identical questions and are therefore, taken up together for disposal. The basic issues involved in these appeals relate to entitlement of the claimants/appellants for benefits under Sections 23(1-A), 23(2) and Section 28 of the Land Acquisition Act, 1894 (in short the ‘Act’).

3.Factual position is almost undisputed and essentially as follows :

Notification under Section 4(1) of the Act was issued on 21.4.1965, Section 6 notification was issued on 10.11.1966 and the Land Acquisition Collector’s Award was made on 6.4.1972. Section 30 of the Land Acquisition (Amendment) Act, 1984 (in short the ‘Amendment Act’) was introduced and made operative with effect from 24.9.1984.

The reference court decided reference on 30.9.1985, the High Court held that in view of the decision of this Court in K.S. Paripoornan v. State of Kerala,1 [1994(5) SCC 593] the appellant was not entitled to the benefit under Section 23(1-A), 23(2) and Section 28 of the Act.

4.Learned counsel for the appellants submitted that the benefit under Section 23(1-A) may not be available in view of wha








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