Food Corporation Of India And … vs Sucha Singh And Others on 7 January, 2009

L.P.A. No.2514 of 2001                                                   1


 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                                                Date of Decision : 07.01.2009


Food Corporation of India and others                        .....Appellants
                versus
Sucha Singh and others                                      .....Respondents


CORAM : HON'BLE MR.JUSTICE UMA NATH SINGH.
        HON'BLE MR.JUSTICE A.N.JINDAL.


Present : Mr.Dinesh Nagar, Advocate, for appellants.
          Mr.Sanjeev K.Arora, Advocate, for respondents.
          Mr.Manoj Bajaj, Sr.DAG, Punjab.
                      -.-

UMA NATH SINGH, J.

This judgment shall also dispose of the connected L.P.A.

No.2515 of 2001, as both these appeals filed by the Food Corporation of

India and others impugn the judgment passed by a learned Single Judge

dated 1.9.2000, in C.M.No.2873-CI of 1993 in C.M.No.2117-CI of 1989

and C.M.No.2643-CI of 1993 in C.M.No.2137-CI of 1989, holding the

respondents to be entitled to get benefits under the provisions of Section 23

(1-A) of the Land Acquisition Act, on the ground that the award of the

Collector was passed on 5.5.1982 and as on 30.4.1982, there was no award

by the Collector. The provisions of sub-section (1-A) of Section 23 of the

Land Acquisition Act, as inserted by clause (a ) of Section 15 of Act No.68

of 1984 is to apply and shall be deemed to have applied, also to and in

relation to,-

( a) every proceeding for the acquisition of any land under the

principal Act pending on the 30th day of April, 1982, (the date
L.P.A. No.2514 of 2001 2

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

commencement of this Act.

We have carefully gone through the judgment and find that the

learned Single Judge has noticed each and every aspect of the case, so also

the applicability of the aforesaid provisions. Needless to say that the award

was passed on 5.5.1982, obviously after 30.4.1982 and the learned

Reference Court passed the judgment on 30.4.1984 i.e. 2 years after the cut

off date i.e. 30.4.1982. Moreover, the amending Act No.68 of 1984 was

introduced as a beneficial piece of legislation, therefore, it had created

statutory right in favour of the respondents which also gets support from the

fact that some identically situated other land owners have already got these

benefits in some Regular First Appeals.

Thus, both these Letters Patent Appeals are dismissed and the

judgment passed by the learned Single Judge is affirmed.

                                                       (UMA NATH SINGH)
                                                            JUDGE



07-01-2009                                               (A.N.JINDAL)
  Mohinder                                                  JUDGE

Whether this judgment be referred to Reporter or not ? YES/NO