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Karnataka High Court
Special Land Acquisition Officer - Appellant
Versus
Soma Gopal Gowda - Respondent
Decided On : 02-21-86
Land Acquisition Act - Applicability of Amended Provisions - Section 23(1A) - Section 30 - The court discussed the applicability of sub-section (1A) of Section 23 of the Land Acquisition Act, as amended by the Amending Act, to pending proceedings in courts. The court concluded that the amended provisions had a limited retrospectivity and applied to specified pending cases. The court held that the provisions of sub-section (1A) of Section 23 providing for interest from the date of preliminary notification till the date of the award of the Land Acquisition officer were attracted to pending matters only under the specified circumstances envisaged by Section 30(1)(a) and (b). The court also emphasized the need for amending the Principal Act and the purpose for which sub-section (1A) was inserted, and examined the scope of Section 23 and the duty of the Court in determining the compensation to be awarded for land acquired.
Fact of the Case:
The appeal was directed against the award and decree made in L. A. C. No. 165/81 on the file of the civil Judge, Sirsi, in respect of a land acquired for the purpose of Kalinadi hydro Electric Project. The questions for consideration were whether the Reference Court making an award after September 24, 1984, was obligated to apply the provisions of sub-section (1A) of Section 23 and award an amount of twelve per cent of the market value of the land per annum for the entire period beginning from the issue of the preliminary notification up to the award of the Deputy Commissioner or taking of the possession of the land, and whether the High Court deciding an appeal against an Award of the Reference Court after September 24, 1984, was obligated to give effect to the provision in sub-section (1A) of Section 23.
Finding of the Court:
The court found that the amended provisions had a limited retrospectivity and applied to specified pending cases. The court concluded that the provisions of sub-section (1A) of Section 23 providing for interest from the date of preliminary notification till the date of the award of the Land Acquisition officer were attracted to pending matters only under the specified circumstances envisaged by Section 30(1)(a) and (b). The court also emphasized the need for amending the Principal Act and the purpose for which sub-section (1A) was inserted, and examined the scope of Section 23 and the duty of the Court in determining the compensation to be awarded for land acquired.
Issues: The issues revolved around the applicability of sub-section (1A) of Section 23 of the Land Acquisition Act, as amended by the Amending Act, to pending proceedings in courts, and the interpretation of the transitional provisions in Section 30(1)(a) and (b) of the Amending Act.
Ratio Decidendi: The court held that the amended provisions had a limited retrospectivity and applied to specified pending cases. The court concluded that the provisions of sub-section (1A) of Section 23 providing for interest from the date of preliminary notification till the date of the award of the Land Acquisition officer were attracted to pending matters only under the specified circumstances envisaged by Section 30(1)(a) and (b). The court also emphasized the need for amending the Principal Act and the purpose for which sub-section (1A) was inserted, and examined the scope of Section 23 and the duty of the Court in determining the compensation to be awarded for land acquired.
Final Decision: The court answered both the questions referred in the affirmative, holding that the Reference Court making an award after September 24, 1984, was obligated to apply the provisions of sub-section (1A) of Section 23 and award an amount of twelve per cent of the market value of the land per annum for the entire period beginning from the issue of the preliminary notification up to the award of the Deputy Commissioner or taking of the possession of the land, and that the High Court deciding an appeal against an Award of the Reference Court after September 24, 1984, was obligated to give effect to the provision in sub-section (1A) of Section 23.
( 1 ) A Bench of this Court, wihle doubting the correctness of the decision of this court in Chickkathayappa v Spl. L. A. O. , bangalore, (M. F. A. No. 270 of 1983 dated March 19, 1985 ). has referred the following two questions for opinion of the Full Bench : -" (1) Whether a Reference Court making an award under Section 26 of the Principal Act after 24th September 1984, the date of coming into force of tha Amending Act, is obligated to give effect to the provision in sub section (1 A) of Section 23 of the Principal Act; as stands amendod by the Amending act, respecting a land, the acquisition proceeding for which had been commenced under the Principal Act prior to 30th April 1982, and respecting which an Award by the Collector (L. A. O.) under Section 11 of tha Principal Act; had bean made before that date (30th april 1982)7 (2) Whether the High Court deciding an appeal under Section 54 (1) of the Principal Act against an Award of the Reference Court after 24th Sap ember 1984, is obligated to give effect to the p'ovision in sub-section (1a) of section 23 of the Principal Act, as stands amended by the Amending Actj respecting a land, the acquisition proceeding for which had been commenced under the principal Act prior to 30th April 1982, and respecting which an Award had been made by the collactor under Section 11 of the principal Act before that date (30th april 1982) ?"
( 2 ) THE above appeal preferred under Section 54 (1) of the Land Acquisition Act, 1894 (Central Act 1 of 1894) has been directed against the award and decree dated January 6, 1984 made in L. A. C. No. 165/81 on the file of the civil Judge, Sirsi, in respect of a land acquired for the purpose of Kalinadi hydro Electric Project.
( 3 ) DURING the pendency of the appeal in this Court, the Land Acquisition Act was amandad bv the Land acquisition (Amendment) Act 68 of 1984. For clarity and brevity, we may, hereinafter, refer the Lend Acquisition act, 1894 as the 'principal Act' and the amendment Act 68 of 1984 as the 'amending Act'. Clause (a) of Section 14 of the Amending Act inserted subsection (1a) to Section 23 of the principal Act Sub-section (1a) of Section 23 reads : -" (1a ). In addition to the msrket value of the land, as above provided, the Court shall in eve y caso award an amount calcult. ed 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: In computing the period referred to in this sub-section/ any period or periods during which the 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. "sub-section (2) of Section 23 of the Principal Act was amended by substituting 'thirty per centum' for the words 'fifteen per centum'. Section 28 of the Principal Act was also amended by enhancing the rate of interest from six per centum to nine per centum per annum. Section 30 of the amending Act contains some transitional provisions in the following terms :"30. TRANSITIONAL PROVISIONS: (1) The provisions of sub section (1a) of Section 23 of the Principal act, as inserted by Clause (a) of Section15 of this Act, shall apply, and shall be deemed to have applied, also to, and in relation to - (a) every proceeding for the requisition 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 has been made by the Collector before the date of commencement of this Act. (2) The provi
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