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1987 Supreme(Bom) 44

M.L.PENDSE, G.F.COUTO, G.D.KAMAT
Jaiwant Laxman P. Sardesai – Appellant
Versus
Government of Goa, Daman and Diu, through theRevenue Secretary & another – Respondent


JUDGMENT - M.L. PENDSE, J.:---A group of thirteen appeals filed under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) challenging the judgments delivered by Court in reference under section 18 of the Act were posted for hearing before the Division Bench of this Court. During the arguments, the Division Bench noticed conflict between the decisions delivered by two Divisions Benches/reported in A.I.R. 1986 Bom. 1. (Union of India v. Smt. Maria Olivia Carvalhe others)1, and A.I.R. 1986 Bom. 390; (Hirji Budhe Dhake v. State of Maharashtra)2, about the application of provisions of section 23(1-A) of the Act, and thereupon the Division Bench decided to refer the issue to a larger Bench. The Division Bench also referred the question as to whether the enhanced rate of 15 per cent of interest prescribed by proviso to section 28, as per the amendment, is to be granted in every case or the grant lies in the discretion of the Court. The two questions referred are as follows:---

(a) Whether the provision of section 23(1-A) is applicable retrospectively only to those pending cases where no award has been made by the Collector (LAO) before the 30th April, 1982,



































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