Union of India Vs. Jagdish & Ors.
EmailAppeal: Civil Appeal No. 4188 of 1995
(Arising out of SLP 704/95)
WITH
Civil Appeal No 4189 of 1995
(Arising out of SLP 8736/94 (CC 28723)
(Arising out of SLP 704/95)
WITH
Civil Appeal No 4189 of 1995
(Arising out of SLP 8736/94 (CC 28723)
Petitioner: Union of India
Respondent: Jagdish & Ors.
Apeal: Civil Appeal No. 4188 of 1995
(Arising out of SLP 704/95)
WITH
Civil Appeal No 4189 of 1995
(Arising out of SLP 8736/94 (CC 28723)
(Arising out of SLP 704/95)
WITH
Civil Appeal No 4189 of 1995
(Arising out of SLP 8736/94 (CC 28723)
Judges: K. RAMASWAMY, N. VENKATACHALA & S. SAGHIR AHMED, JJ.
Date of Judgment: Mar 21, 1995
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894:
Section 23(1-A) – Award made well before the 1984 Amendment Act came into force – Claimants held not entitled to the grant of additional amount at the rate of 12%.
JUDGEMENT:
O R D E R
C.A.No 4188/95 (@ SLP 704/95)
1. Leave granted.
2. Notification under s.4(1) 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(1-A) stands set aside. In other respects, the judgment stands confirmed. No costs.
C.A. NO 4189/95 (@ SLP 8736/94 (CC 28723)
3. Admittedly, the notification under s.4(1) 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(1-A) on such market value for the period commencing on and from the date of the publication of the notification under s.4(1) 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(1-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(1-A) is set aside. In other respects, the award as upheld by the High Court, stands confirmed. No costs.
C.A.No 4188/95 (@ SLP 704/95)
1. Leave granted.
2. Notification under s.4(1) 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(1-A) stands set aside. In other respects, the judgment stands confirmed. No costs.
C.A. NO 4189/95 (@ SLP 8736/94 (CC 28723)
3. Admittedly, the notification under s.4(1) 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(1-A) on such market value for the period commencing on and from the date of the publication of the notification under s.4(1) 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(1-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(1-A) is set aside. In other respects, the award as upheld by the High Court, stands confirmed. No costs.
