CASE NO.: Appeal (civil) 1421-22 of 1991 PETITIONER: STATE OF KERALA AND ANR. RESPONDENT: BETTY W/0 L.J. MANI AND ANR. DATE OF JUDGMENT: 17/01/1995 BENCH: K. RAMASWAMY & SUJATA V. MANOHAR JUDGMENT:
JUDGMENT
1995 (1) SCR 357
The following Order of the Court was delivered :
A notification under s.3 of the Kerala Land Acquisition Act, 1961,
equivalent to s.4(l) of the Central Act was published on September 10,
1974. The possession of the land was taken on March 20, 1977, obviously
after making the award. On reference, the Subordinate Judge enhanced the
compensation by his award and decree dated March 21, 1980. While dismissing
the appeal of the State, the High Court by its judgment and decree dated
January 14, 1988 applied the Amendment Act 68 of 1984 and granted that
statutory benefits under s,23(l-A), 23(2) and 28 of the Land Acquisition
Act, 1894 as amended in Act 68 of 1984. Thus this appeal by special leave
confining to the question of applicability of the statutory benefits under
Act 68 of 1984.
It would be seen that the court under s.23(1) while enhancing the
compensation has been gives power under s.23(1-A) or 23(2), on an
application, to award the statutory benefits, in addition to the enhanced
compensation. So, on the application made by the claimant, the court would
not get jurisdiction to apply the amended Act 68/1984 except when it has
enhanced the compensation. Even otherwise, it would apply only if
proceedings were pending either before the Land Acquisition Officer or
before the civil court before the date when the Bill was introduced on
30.4.82 or the Act came into force, i.e. 24.9.84. Then only the statutory
benefits would be given on the enhanced compensation and not otherwise.
Sri. G. Vishvanath Iyer, learned senior counsel for the claimants relied
upon sub-s. (3) of s.30 of the Act and contended that since the amount was
not paid before possession was taken, the claimants are entitled to the
payment of interest under clause (a) of sub-s (3) of s.30 reads thus :
“(a) every case in which possession of any land acquired under the
principal Act had been taken before the 30th day of April, 1982 [the date
of Introduction of the Land Acquisition (Amendment) Bill, 1982, in the
House of the People], and the amount of com-pensation for such acquisition
had not been paid or deposited under Section 31 of the principal Act until
such date, with effect on and from that date;”
It would, therefore, clearly indicate that if possession of the land has
been taken before 30th April, 1982, i.e. before the introduction of the
Land Acquisition (Amendment) Bill 1982, and the amount of compensation for
such acquisition has not been paid or deposited under s.31, the claimant
would be entitled to the payment of interest as contemplated under s.34 of
the Principal Act, Since the Land Acquisition Act 1. of 1984 was not
applicable to the State of Kerala, this Amending Act would be applicable
only from the date on which the Amending Act has come into force, namely,
September 24, 1984, Therefore, the claimants are not entitled to the
benefits either under s.34 or s.28 as amended under Act 68 of 1984. The
appeal are accordingly allowed. The statutory benefits granted by the High
Court are set aside. The claimants are entitled only for 15% solatium and
4% interest under the Kerala Act, No costs.
