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
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.
(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.
Bhag Singh v. Union Territory of Chandigarh (AIR 1985 SC 1576)
Kamalajammanniavaru v. Special Land Acquisition Officer (AIR 1985 SC 576)
Lal Bhai v. Addl. Special Land Acquisition Officer (AIR 1986 Guj. 24)
Mohd. Sheriff v. State (AIR 1986 Ker 67)
T. Barai V. Henry Ah Hoe (AIR 1983 SC 150)
Zaverbhai Amaida v. State of Bombay (AIR 1954 SC 752)
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