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1986 Supreme(Raj) 513

RAJASTHAN HIGH COURT
P.C.Jain, J.
Prahladi Devi and ors. - Appellant
Versus
State of Rajasthan - Respondent
S.B. Civil First Appeal No. 115 of 1972.
Decided On : 14-05-1986

The amended provisions of the Central Land Acquisition Act, 1894, which provide for enhanced solatium and interest, prevail over the provisions of the State Land Acquisition Act, 1953, in case of repugnancy, even if the State law has received the President's assent.

Headnote:

LAND ACQUISITION - COMPENSATION - ENHANCEMENT - APPLICABILITY OF AMENDED PROVISIONS OF CENTRAL ACT - REPEAL OF STATE LAW BY SUBSEQUENT CENTRAL LEGISLATION - RELEVANCE OF PRESIDENT'S ASSENT TO STATE LAW - INTERPRETATION OF ARTICLES 254(1) AND 254(2) OF THE CONSTITUTION OF INDIA.

Fact of the Case:

The appellants, whose land was acquired by the government under the Rajasthan Land Acquisition Act, 1953, challenged the award of compensation made by the Land Acquisition Officer and confirmed by the Civil Judge. They claimed a higher market value for their land, solatium at 10% on the market value, and interest on the compensation amount.

Finding of the Court:

The court held that the amended provisions of Sections 23 and 28 of the Land Acquisition Act, 1894, which provide for enhanced solatium and interest, are applicable to the proceedings in hand, even though the acquisition was made under the Rajasthan Land Acquisition Act, 1953. The court found that the amended provisions of the Central Act prevail over the State law by virtue of Article 254(2) of the Constitution of India, which empowers Parliament to enact laws on matters in the Concurrent List, even if such laws are repugnant to State laws that have received the President's assent.

Issues: 1. Whether the amended provisions of Sections 23 and 28 of the Land Acquisition Act, 1894, are applicable to the proceedings in hand, which were initiated under the Rajasthan Land Acquisition Act, 1953. 2. Whether the provisions of the Central Act prevail over the State law in case of repugnancy, even if the State law has received the President's assent.

Ratio Decidendi: 1. The court held that the amended provisions of Sections 23 and 28 of the Land Acquisition Act, 1894, are applicable to the proceedings in hand, as they were pending on the date of commencement of the amending Act. The court relied on the Supreme Court's decision in Bhag Singh v. Union Territory of Chandigarh, which held that the amended provisions apply to all proceedings relating to compensation pending on 30th April, 1982, or filed subsequent to the date, whether before the Collector, the Court, the High Court, or the Supreme Court. 2. The court held that the provisions of the Central Act prevail over the State law in case of repugnancy, even if the State law has received the President's assent. The court relied on Article 254(2) of the Constitution of India, which provides that a law made by Parliament shall prevail over a law made by the Legislature of a State, to the extent of repugnancy. The court also noted that the proviso to Article 254(2) empowers Parliament to enact laws adding to, amending, varying, or repealing State laws on matters in the Concurrent List.

Final Decision: The court allowed the appeal and enhanced the compensation awarded to the appellants. The court directed that the appellants be paid solatium at the rate of 30% of the total compensation awarded for the land acquired, and interest at the rate of 9% per annum on the enhanced amount of compensation from the date of taking possession of the land by the State, and at the rate of 15% per annum from the date of expiry of one year after the date of taking possession.

JUDGMENT

1. - This is an appeal under Section 54 of the Rajasthan Land Acquisition Act, 1953 (here in after referred to as the Act) filed by the claimant, Prahladi Devi and Ors. against the order dated 25th March, 1972, in Land Acquisition Reference No. 69, 1970, by the learned Civil Judge, Jaipur City, Jaipur.

2. Briefly slated the facts of the case are that the proceedings for acquisition of land in village Bhojpur and chak Sudarshanpura for planned development of Jaipur City were initiated at the instance of the Secretary, Urban Improvement Trust, Jaipur. The Government of Rajasthan issued Notification dated May 13, 1960, under Section 4 of the Act. After taking further steps as prescribed, the notification under Section 6 of the Act, dated May 3, 1981, was also published. Notices were duly served on the claimants The claimants submitted the details of their claims. The claimants claimed a sum of Rs. 150,575 00. The Land Acquisition Officer by his order dated January 9, 1964, gave his award in favour of the claimants for a sum of Rs. 18,594/-. The Land Acquisition Officer awarded compensation for chahi land measuring 5 bighas 3 biswas at rate of Rs. 3,000/- per bigha amounting to Rs. 15,450/-, for the land ghairmumkin rasta and ghairmumkin dhora the compensation amounting to Rs. 540/- was allowed. A sum of Rs. 1708/-was allowed for pumping sets. Thus, the compensation totalling to Rs. 18,594/- was awarded by the Land Acquisition Officer. Dissatisfied with the Award made by the Land Acquisition Officer, the claimants moved an application for making a reference under Section 18 of the Act to the learned Civil Judge, Jaipur City, Jaipur, who by his order dated March 25, 1972, confirmed the award and rejected the claim made by the claimants before him. The claimants, however, were not satisfied with the order passed by the learned Civil Judge & have consequently filed this appeal.

3. The learned Counsel for the appellants has urged the following points for consideration:

(1) That the market value of the land at rate of Rs. 3,000/- per bigha, awarded by the learned Civil Judge is grossly inadequate;

(2) That solatium @ 10% on the market value in consideration of compulsory nature of acquisition should have been awarded to the claimants;

(3) That the interest on the amount of compensation should also be added.

4. Shri Kasliwal, learned Counsel for the appellants submitted that one of claimants, whose land was also acquired by the Government under the said Notification and aggrieved by the order passed by the learned Civil Judge in Land Acquisition Reference No. 3 of 1966, filed a D.B. Civil Appeal under Section 54 of the Act and the Division Bench of this Court by its order dated January 25, 1980, in D.B. Civil First Appeal No. 60-1-70, assessed the market value of the land in question at the relevant time at Rs. 4.000/- per bigha. It was also submitted by the learned Counsel for the appellants that the solatium at rate of 10% on the market value of the land was also allowed. Shri Kasliwal further submitted that as per the D.B. Judgment the appellants are also entitled to get interest at the rate of 4% per annum on the total amount of compensation so awarded from the date of taking over possession of the land till the actual payment is made; but on account of the change made; in the law regarding land acquisition, the appellants are now entitled to claim solatium calculated at rate of 30% on the amount of compensation awarded to them and also interest at rate of 9% on the said amount of compensation and they are also entitled to interest at rate of 9% per annum on the enhanced amount of compensation from the date on which the State Government had taken possession of the land from them and at rate of 15% from the date of expiry of one year after the date of taking possession. In Rajasthan, the acquisition of the land is governed by the Rajasthan Land Acquisition Act, 1953. There is central law for acquisition of land under the title





























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