Siddappa Vasappa Kuri and Anr. Vs. Special Land Acquisition Offic-er and Anr.
EmailAppeal: Civil Appeal No. 1687 of 1998
(From the Judgment and Order dated 16.7.97 of the Karnataka High Court in C.R.P. No. 1373 of 1997)
(From the Judgment and Order dated 16.7.97 of the Karnataka High Court in C.R.P. No. 1373 of 1997)
Petitioner: Siddappa Vasappa Kuri and Anr.
Respondent: Special Land Acquisition Offic-er and Anr.
Apeal: Civil Appeal No. 1687 of 1998
(From the Judgment and Order dated 16.7.97 of the Karnataka High Court in C.R.P. No. 1373 of 1997)
(From the Judgment and Order dated 16.7.97 of the Karnataka High Court in C.R.P. No. 1373 of 1997)
Judges: S.P. BHARUCHA, Y.K. SABHARWAL & BRIJESH KUMAR, JJ.
Date of Judgment: Oct 16, 2001
Appearances:
Mr.S.K. Kulkarni, Advocate for Ms. Sangeeta Kumar, Advocate for the Appellants.
Mr.Sanjay R. Hegde, Advocate for the Respondents.
Head Note:
LAND LAWS
Land Acquisition Act, 1894
Section 23 (IA) – Additional compensation – Payability – For which period payable – Starting time and terminal point – Posses-sion taken on 1.6.77 – Notification under section 4(1), on 2.3.91 – Award made on 6.2.93 – If compensation payable from date of possession to date of notification or from date of notification to date of award. Held that additional compensation was payable from date of notification to date of award. M.A. Jabbar’s case (JT 1995 (1) SC 383) approved. Decision in Mathapathi Basavannew-wa (1995 (6) SC 242) and Dharam Das (JT 1995 (6) SC 519) over-ruled.
Held:
The starting point for the purposes of calculating the amount to be awarded thereunder, at the rate of 12 per centum per annum on the market value, is the date of publication of the section 4 notification. The terminal point for the purpose is either the date of the award or the date of taking possession, whichever is earlier. In the present case, possession of the land having been taken prior to the publication of the section 4 notification, that terminal is not available. The only available terminal is the date of the award. The High Court, therefore,was in no error in holding that the appellants were entitled to the additional compensation under section 23(1A) for the period 8th March, 1991 to 6th February, 1993. (Para 6)
Cases Reffered:
1. Asstt. Commr., Gadag Sub-Division, Gadag v. Mathapathi Basa-vannewwa (JT 1995 (6) SC 242) (Paras 1, 7)
2. State of H.P. v. Dharam Das (JT 1995 (6) SC 519) (Paras 1,7)
3. Special Tahsildar (LA) P.W.D. Schemes, Vijayawada v. M.A. Jabbar (JT 1995 (1 SC 383) (Paras 1, 5, 7)
2. State of H.P. v. Dharam Das (JT 1995 (6) SC 519) (Paras 1,7)
3. Special Tahsildar (LA) P.W.D. Schemes, Vijayawada v. M.A. Jabbar (JT 1995 (1 SC 383) (Paras 1, 5, 7)
JUDGEMENT:
BHARUCHA, J.
1. This appeal has been referred to a bench of three judges by reason of the contrary views taken by two benches of two learned judges in Special Tahsildar (LA) P.W.D. Schemes, Vijayawada v. M.A. Jabbar (JT 1995 (1) SC 383 = 1995 (2) SCC 142) on the one hand and in Asstt. Commr., Gadag Sub-Division, Gadag v. Mathapathi Basavannewwa (JT 1995 (6) SC 242 = 1995 (6) SCC 355) on the other. (The referral order also makes a reference to State of H.P. v. Dharam Das (JT 1995 (6) SC 519 = 1995 (5) SCC 683), but no reasoning can be discerned therein.)
2. We are required to consider the provisions of section 23 (1A) of the Land Acquisition Act, 1894 in the context of the following facts: Possession of land bearing, survey no. 311/3, admeasuring 2 acres and 16 guntas, situated at village Hirenandi, Gokak taluk, Belgaum district, Karnataka was taken by the respondents from the appellants, who were the owners thereof, on 1st June,1977 for the purposes of the construction of an irrigation channel. On 8th March,1991, a notification was issued under section 4(1) of the Act in relation to the said land. It was followed by a notification under section 6. The provisions of section 17 were thereafter applied.On 6th February, 1993, an award was made and compensation was awarded to the appellants at the rate of Rs. 10,000 per acre. On a reference made by the appellants, the district judge enhanced the compensation to Rs. 50,000 per acre. The land acquisition officer and the state pre-ferred appeals before the High Court. Therein, compensation was reduced to Rs. 41,400 per acre. The decree so passed was put in execution. Before the executing court the question of additional compensation under section 23(1A) arose. The executing court granted the appellants additional compensation under section 23(1A) from the date on which possession of the land was taken,namely, 1st June, 1977 to the date on which the section 4 notification was issued, namely, 8th March, 1991. The High Court; before whom a revision petition was presented by the LAO, took the view that the appellants were entitled to the additional compensation from the date of the section 4 notification, namely, 8th March, 1991 to the date of the award namely, 6th February, 1993. Against this order of the High Court, this appeal has been filed.
3. Section 23(1A) reads thus:
“23(1-A) In addition to the market-value of the land, as above provided, the court shall in every case award an amount calculat-ed at the rate of twelve per centum per annum on such market-value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (1), in respect of such land to the date of the award of the collector or the date of taking possession of the land, whichever is earli-er.
Explanation. – – -In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any court shall be excluded.”
4. It is the contention of learned counsel for the appellants that the appellants are entitled to compensation for the period 1st June, 1977 to 8th March, 1991, i.e., from the date on which possession of the said land was taken till the date of publica-tion of the section 4(1) notification. He finds sustenance for this contention in the decision of this Court in Mathapathi Basavannewwa’s case (1995 (6) SCC 355) where a similar contention was upheld. The provisions of section 23(1A) were analysed but, said the court, “strict construction leads to unjust result, hardship to the owner and defeats legislative object.” In its view, therefore, the expression “whichever is earlier” in section 23(1A) had to be construed in that backdrop and the claimant was entitled to the additional amount from the date of taking posses-sion. Since advance possession was taken before the publication of the notification under section 4(1), “the claimants, by necessary implication, are entitled to the payment of additional amount by way of compensation from the date of taking over the possession for loss of enjoyment of the land.”
5. This Court in Special Tahsildar (LA), P.W.D. Schemes, Vijaya-wada v. M.A. Jabbar (JT 1995 (1) SC 383 = 1995 (2) SCC 142), quoted section 23(1A) and said “In other words, the owner of the land who has been deprived of the enjoyment of the land by having been parted with posses-sion, the Act intended that the owner be compensated by awarding an additional amount calculated at the rate of 12 per centum per annum on the enhanced market value for the period between the date of notification and the date of award or date of taking possession of the land, whichever is earlier. Admittedly, posses-sion having already been taken on 15.2.1965, before publication of the notification under section 4(1) on 6.3.1980, the award of additional amount for the period from 6.3.1980 to 30.9.1983, i.e., the date of making the award under section 11 is perfectly correct.”
6. It is, as we see it, clear from section 23(1A) that the start-ing point for the purposes of calculating the amount to be award-ed thereunder, at the rate of 12 per centum per annum on the market value, is the date of publication of the section 4 notifi-cation. The terminal point for the purpose is either the date of the award or the date of taking possession, whichever is earlier. In the present case, possession of the land having been taken prior to the publication of the section 4 notification, that terminal is not available. The only available terminal is the date of the award. The High Court, therefore,was in no error in holding that the appellants were entitled to the additional compensation under section 23(1A) for the period 8th March, 1991 to 6th February, 1993.
7. Section 23(1A) admits of no meaning other than the meaning that we have placed upon it. There is no room here for any con-struction other than that given above. It is only where a provi-sion is ambiguous that a construction that leads to a result that is more just can be adopted. Having regard to its clear terms, section 23(1A) must receive the only construction it can bear, we are of the view, therefore, that the law has been correctly laid down in the decision in Special Tahsildar (LA), P.W.D. Schemes v. M.A. Jabbar (JT 1995 (1) SC 383 = 1995 (2) SCC 142) and that it has not been correctly laid down in Asstt. Commr. Gadag Sub-division v. Mathapathi Basavannewwa (JT 1995 (6) SC 242 = 1995 (6) SCC 355) and, for that matter in State of H.P. v. Dharam Das (JT 1995 (6) SC 519 = 1995 (5) SCC 683).
8. The appeal is dismissed.
9. No order as to costs.
1. This appeal has been referred to a bench of three judges by reason of the contrary views taken by two benches of two learned judges in Special Tahsildar (LA) P.W.D. Schemes, Vijayawada v. M.A. Jabbar (JT 1995 (1) SC 383 = 1995 (2) SCC 142) on the one hand and in Asstt. Commr., Gadag Sub-Division, Gadag v. Mathapathi Basavannewwa (JT 1995 (6) SC 242 = 1995 (6) SCC 355) on the other. (The referral order also makes a reference to State of H.P. v. Dharam Das (JT 1995 (6) SC 519 = 1995 (5) SCC 683), but no reasoning can be discerned therein.)
2. We are required to consider the provisions of section 23 (1A) of the Land Acquisition Act, 1894 in the context of the following facts: Possession of land bearing, survey no. 311/3, admeasuring 2 acres and 16 guntas, situated at village Hirenandi, Gokak taluk, Belgaum district, Karnataka was taken by the respondents from the appellants, who were the owners thereof, on 1st June,1977 for the purposes of the construction of an irrigation channel. On 8th March,1991, a notification was issued under section 4(1) of the Act in relation to the said land. It was followed by a notification under section 6. The provisions of section 17 were thereafter applied.On 6th February, 1993, an award was made and compensation was awarded to the appellants at the rate of Rs. 10,000 per acre. On a reference made by the appellants, the district judge enhanced the compensation to Rs. 50,000 per acre. The land acquisition officer and the state pre-ferred appeals before the High Court. Therein, compensation was reduced to Rs. 41,400 per acre. The decree so passed was put in execution. Before the executing court the question of additional compensation under section 23(1A) arose. The executing court granted the appellants additional compensation under section 23(1A) from the date on which possession of the land was taken,namely, 1st June, 1977 to the date on which the section 4 notification was issued, namely, 8th March, 1991. The High Court; before whom a revision petition was presented by the LAO, took the view that the appellants were entitled to the additional compensation from the date of the section 4 notification, namely, 8th March, 1991 to the date of the award namely, 6th February, 1993. Against this order of the High Court, this appeal has been filed.
3. Section 23(1A) reads thus:
“23(1-A) In addition to the market-value of the land, as above provided, the court shall in every case award an amount calculat-ed at the rate of twelve per centum per annum on such market-value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (1), in respect of such land to the date of the award of the collector or the date of taking possession of the land, whichever is earli-er.
Explanation. – – -In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any court shall be excluded.”
4. It is the contention of learned counsel for the appellants that the appellants are entitled to compensation for the period 1st June, 1977 to 8th March, 1991, i.e., from the date on which possession of the said land was taken till the date of publica-tion of the section 4(1) notification. He finds sustenance for this contention in the decision of this Court in Mathapathi Basavannewwa’s case (1995 (6) SCC 355) where a similar contention was upheld. The provisions of section 23(1A) were analysed but, said the court, “strict construction leads to unjust result, hardship to the owner and defeats legislative object.” In its view, therefore, the expression “whichever is earlier” in section 23(1A) had to be construed in that backdrop and the claimant was entitled to the additional amount from the date of taking posses-sion. Since advance possession was taken before the publication of the notification under section 4(1), “the claimants, by necessary implication, are entitled to the payment of additional amount by way of compensation from the date of taking over the possession for loss of enjoyment of the land.”
5. This Court in Special Tahsildar (LA), P.W.D. Schemes, Vijaya-wada v. M.A. Jabbar (JT 1995 (1) SC 383 = 1995 (2) SCC 142), quoted section 23(1A) and said “In other words, the owner of the land who has been deprived of the enjoyment of the land by having been parted with posses-sion, the Act intended that the owner be compensated by awarding an additional amount calculated at the rate of 12 per centum per annum on the enhanced market value for the period between the date of notification and the date of award or date of taking possession of the land, whichever is earlier. Admittedly, posses-sion having already been taken on 15.2.1965, before publication of the notification under section 4(1) on 6.3.1980, the award of additional amount for the period from 6.3.1980 to 30.9.1983, i.e., the date of making the award under section 11 is perfectly correct.”
6. It is, as we see it, clear from section 23(1A) that the start-ing point for the purposes of calculating the amount to be award-ed thereunder, at the rate of 12 per centum per annum on the market value, is the date of publication of the section 4 notifi-cation. The terminal point for the purpose is either the date of the award or the date of taking possession, whichever is earlier. In the present case, possession of the land having been taken prior to the publication of the section 4 notification, that terminal is not available. The only available terminal is the date of the award. The High Court, therefore,was in no error in holding that the appellants were entitled to the additional compensation under section 23(1A) for the period 8th March, 1991 to 6th February, 1993.
7. Section 23(1A) admits of no meaning other than the meaning that we have placed upon it. There is no room here for any con-struction other than that given above. It is only where a provi-sion is ambiguous that a construction that leads to a result that is more just can be adopted. Having regard to its clear terms, section 23(1A) must receive the only construction it can bear, we are of the view, therefore, that the law has been correctly laid down in the decision in Special Tahsildar (LA), P.W.D. Schemes v. M.A. Jabbar (JT 1995 (1) SC 383 = 1995 (2) SCC 142) and that it has not been correctly laid down in Asstt. Commr. Gadag Sub-division v. Mathapathi Basavannewwa (JT 1995 (6) SC 242 = 1995 (6) SCC 355) and, for that matter in State of H.P. v. Dharam Das (JT 1995 (6) SC 519 = 1995 (5) SCC 683).
8. The appeal is dismissed.
9. No order as to costs.
