SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1986 Supreme(AP) 101

Andhra Pradesh High Court
Judges : P.KODANDA RAMAYYA, UPENDRA LAL WAGHRAY
NESSERS SRI RAYALA SEEMA PAPER MILLS LTD., KURNOOL, REP., BY THE MANAGING DIRECTOR, T.G.VASANTH GUPTHA - Appellant
Versus
HABEEB KHATOON SAHEBA - Respondent
A.S. No. 1493/85
Decided On : 02-25-86
Advocates Appeared :
Mr. P. Ramachandra Reddy,Mr. Syed Sadatullah Hussini

Headnote:LAND ACQUISITION ACT amended by Act, 1984, Secs. 23(1-A) and 30(1) and 30[1]-Notification of acquisition made on 17-1-1975 and possession taken on 27-11-976-Awara passed by Land Acquisition officer on 10-9-1979-Civil Court in pending reference cannot award interest at 12% per annum on total compensation from the date of notification, to date of possession.

       Held: The retrospectivity given to Section 23(1-A) is limited to by the language of the Sec. 30(1), which shows that retrospectivity is restricted to acquisitions initiated prior to 3074-1986 only where award is not passed by the collector in this instant case, the award of the Collector was passed long prior to 30-4-1982 and hence Section 23(1-A) is not applicable to it.

       AIR 1986 Del dismissed from.

       A. S. Allowed

UPENDRALAL WAGHRAV, J.

( 1 ) 1 This is an appeal by the Company at whose instance land was acquired against the judgment, dated 19-1-1985 of the Principal Subordinate judge, Kurnool, in O. P. No. 396/81 which was a Reference under Section 18 of the Land Acquisition Act (herein after referred to as the Act ). The claimants are impleaded as respondents 1 to 7 and the Land Acquisition officer, that is, the Collector, is the respondent No. 8.

( 2 ) THE controversy in the appeal lies in a narrow compass. The notification under Section 4 (1) of the Act was published on 17-1-1975. Possession was taken of the land before the award was passed on 27-11-1976. After the various formalities the award was passed by the Collector on 10-9-1979. At the instance of the claimants a reference was made to the court and it has confirmed the compensation awarded by the Collator in respect of the land which was acquired, but enhanced the compensation only in respect of tamarind trees standing in Survey number 79 by Rs. 12137-14. In the said judgment the Court has also directed the Land Acquisition officer to pay interest on the market value of all the properties under acquisition at 12% per annum from 1 7-1-1975, that is the date of notification to 27-11-1976 that is, the date of possession and has also given other incidental directions. The appellant is aggrieved only in respect of the direction of the lower Court regarding payment of interests at 12% per annum from 17-1-1975 to 27-11-1976 on the total compensation.

( 3 ) WHILE the reference was pending before the Court the Land acquisition Act was amended by the Central Land Acquisition (Amendment) act, 1984 (Act No. 68 of 1984) which came into force on 24-9-1984. Far- reaching amendments have been made by the Amendment Act, but we are concerned only with Section 23 sub-section (1-A) which has been newly introduced and the transitional provisions contained in Section 30 sub-section (1) of the Amendment Act. Section 23 provides for the matters to be considered in determining compensation. The newly introduced sub-section (1-A) reads as follows: " (1-A") Tn addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of the publication of the notification under Section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. Explanation :tn computing the period referred to in this subsection, any period or periods during which proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded. "

( 4 ) THE question is whether the said newly introducad provision will be applicable to the present proceedings in which admittedly the award was passed long prior to the amendment and the amendment has come into force only while the reference was pending. The amendments made have not been given a general retrospective effect, but Section 30 of the Amendment Act provides for the limited retrospective effect given to certain provisions. We are concerned with sub-section (1) of Section 30 of the Amendment Act which reads as follows:"30. Transitional Provisions : (!) The provisions of sub-section (1-A) of Section 23 of the principal Act, as inserted by clause (a) of section 15 of this Act, shall apply, and shall be deemed to have applied, also to, and in relation to (a) every proceedings for the acquisition of any land under the principal Act pending on the 30th day of April, 1982 (the date of introduction of the Land Acquisition (Amendment) Bill, 1982, in the house of the People in which no award has been made by the collector before that date; (b) every proceeding for the acquisition of any land under the principal Act commenced after that date, whether or not an award his been mad





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top