CASE NO.: Appeal (civil) 4188 of 1995 PETITIONER: UNION OF INDIA RESPONDENT: JAGDISH AND ORS. DATE OF JUDGMENT: 21/03/1995 BENCH: K. RAMASWAMY & N. VENKATACHALA & S. SAGHIR AHMAD JUDGMENT:
JUDGMENT
1995 (2) SCR 926
The following Order of the Court was delivered :
CA, No. 4188/95 (@ SLP 740/95)
Leave granted.
Notification under s.4(l) of the Land Acquisition Act was published in the
Gazette on November 1, 1978. The award of the Collector bears No. 26 of
1980-81. Therefore, the award is made well before the Land Acquisition
(Amendment) Act 68/1984 came into force on September 24, 1984. In
consequence, the claimants are not entitled to get the additional amount
payable at the rate of 12% per annum under s.23(1-A) for the period between
the date of the notification and the date of the award or the date of
taking possession whichever is earlier; yet the same is awarded by the High
Court. The appeal is, accordingly, allowed. The judgment to the extent of
grant of additional amount under s.23(l-A) stands set aside. In other
respects, the judgment stands confirmed. No costs.
CA. NO. 4189/95 (@SLP 8736194 (CC 28723)
Admittedly, the notification under s.4(l) of the Land Acquisition Act was
published on June 4,1977. The award of the Collector under s.11 was made on
22.7.81, i.e. before s.23 (1- A) of the Land Acquisition Act as amended by
Amendment Act 68/84 had come into force. Under those circumstances, the
claimants are not entitled to the payment of additional amount at 12% per
annum under s.23(l-A) on such market value for the period commencing on and
from the date of the publication of the notification under s.4(l) in
respect of such land to the date of the award of the Collector or the date
of the taking possession of the land whichever is earlier. Since the award
of the Collector was earlier in point of time to the date of the Amendment
Act coming into force, the respondent is not entitled to the additional
amount as envisaged under s.23(l-A). The High Court, therefore, was not
right in awarding the additional amount. The appeal is allowed and the
decree to the extent of awarding additional amount under s.23(l-A) is set
aside. In other respects, the award as upheld by the High Court, stands
confirmed. No costs.