Improvement Trust, Sangrur Vs. Gurjit Singh Sandhu & Ors.
EmailAppeal: Civil Appeal No. 2618 of 1996
(Arising out of SLP (C) No.1701 of 1994)
(Arising out of SLP (C) No.1701 of 1994)
Petitioner: Improvement Trust, Sangrur
Respondent: Gurjit Singh Sandhu & Ors.
Apeal: Civil Appeal No. 2618 of 1996
(Arising out of SLP (C) No.1701 of 1994)
(Arising out of SLP (C) No.1701 of 1994)
Judges: K. RAMASWAMY & G.B. PATTANAIK, JJ.
Date of Judgment: Jan 15, 1996
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894 (as amended by Act 68 of 1984)
Section 23(1A) – Entitlement to the additional amount under Section 23(1A) – Collector’s award dated September 10, 1979 while the notification under Section 4(1) was published on January 28, 1978 – Held that the respondents are not entitled to the additional amount under Section 23(1A) of the Act.
Land Acquisition Act, 1894 (as amended by Act 68 of 1984)
Section 23(1A) – Entitlement to the additional amount under Section 23(1A) – Collector’s award dated September 10, 1979 while the notification under Section 4(1) was published on January 28, 1978 – Held that the respondents are not entitled to the additional amount under Section 23(1A) of the Act.
JUDGEMENT:
O R D E R
1. Leave granted.
2. Heard learned counsel for the parties.
3. Mr. K.R.R. Pillai, learned counsel, is appearing on behalf of respondent Nos.5, 6 and 14 to 18. Notice had been sent on 29.3.1994 to respondent Nos.1, 3, 4 and 7 to 13, but till date they have not appeared either in person or through their counsel. Acknowledgements have not been received. Therefore, they must be deemed to have been served. 2nd respondent was served on 31.3.1994. He is not appearing either in person or through his counsel.
4. The controversy is whether the respondents are entitled to the additional amount under Section 23(1A) of the Land Acquisition Act, 1894 as amended by Act 68 of 1984. The Collector’s award is dated September 10, 1979 while the notification under Section 4(1) was published on January 28, 1978. Under these circumstances, the respondents are not entitled to the additional amount under Section 23(1A) of the Act.
5. The appeal is accordingly allowed to the above extent. No costs.
1. Leave granted.
2. Heard learned counsel for the parties.
3. Mr. K.R.R. Pillai, learned counsel, is appearing on behalf of respondent Nos.5, 6 and 14 to 18. Notice had been sent on 29.3.1994 to respondent Nos.1, 3, 4 and 7 to 13, but till date they have not appeared either in person or through their counsel. Acknowledgements have not been received. Therefore, they must be deemed to have been served. 2nd respondent was served on 31.3.1994. He is not appearing either in person or through his counsel.
4. The controversy is whether the respondents are entitled to the additional amount under Section 23(1A) of the Land Acquisition Act, 1894 as amended by Act 68 of 1984. The Collector’s award is dated September 10, 1979 while the notification under Section 4(1) was published on January 28, 1978. Under these circumstances, the respondents are not entitled to the additional amount under Section 23(1A) of the Act.
5. The appeal is accordingly allowed to the above extent. No costs.
