SPECIAL LAND ACQUISITION OFFICERversusSHARANABASAPPA SHIVAYOGAPPA TYAPAL AND ORS.
- Citation
- 1995 INSC 465
- Decided
- 16 August 1995
- Disposal
- Appeal(s) allowed
Holding
The claimants are not entitled to the enhanced benefits under Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended, but are entitled to a 15 percent solatium and 5 percent per annum interest on the enhanced compensation.
Summary
The Supreme Court heard appeals filed by the State Government against a Karnataka High Court judgment concerning awards made by a Land Acquisition Officer on 12 October 1978 and a Reference Court on 31 March 1980. The issue was whether the claimants were entitled to the enhanced compensation benefits under Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by Amendment Act 68 of 1984, which were introduced after the awards were made. The Court held that the amendment could not be applied retrospectively to awards predating it, and therefore the claimants were not eligible for the enhanced benefits. However, the Court granted the claimants a 15 percent solatium on the enhanced compensation and interest at 5 percent per annum from the date of possession until payment, as provided under the local amended Act. The appeals were allowed, modifying the High Court order accordingly.
Issues considered
- Whether the enhanced compensation provisions of Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894, as amended by Amendment Act 68 of 1984, apply to awards made before the amendment.
- Whether claimants are entitled to solatium and interest on the enhanced compensation despite the inapplicability of the amendment.
Legislation cited
- Amendment Act 68 of 1984
- Land Acquisition Act, 1894s. 23(1-A), s. 23(2), s. 28
Subjects
Judgment
..
SPECIAL LAND ACQUISITION OFFICER A
v.
SHARANABASAPPA SHIVAYOGAPPA TYAPAL AND ORS.
AUGUST 16, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] B
Land Acquisition Act, 1894 (as amended by Amendment Act 68 of
1984):
Ss.23 (1-A), 23(2), 28-Acquisition of land-Compensation-Awards C
made by Land Acquisition Officer on 12.10.1978 and by reference Cowt on
31.3.198()-Held: claimants not entitled to benefits available under Amend-
ment Act 68 of 1984.
The State Government filed the appeals by special leave against the
judgment of the High Court in certain cases arising out of the award made D
by the Land Acquisition Officer on 12.10.1978 and the order of the
reference court made on 31.3.1980.
Allowing the appeals and modifying the order of the High Court, this
Court
E
HELD : The claimants are not entitled to the enhanced benefits
under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894 as
amended by the Amendment Act 68 of 1984. They are, however, entitled to
15 percent solatium on the enhanced compensation and interest @ 5 per
cent annum under the local amended Act on the enhanced compensation F
from the date of taking possession till the date of payment or deposit
whichever is earlier. (761-B-C]
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 7594-99
of 1995.
G
From the Judgment and Order dated 26.5.87 of the Karnataka High
Court in M.S.A. Nos. 75-80 & 74 of 1987.
M. Veerappa for the Appellant
The following Order of the Court was delivered : H
761
A
762
Leave granted.
SUPREME COURT REPORTS (1995] SUPP. 2 S.C.R.
--
The Land Acquisition Officer's award in dated the 12th October,
1978 and the Reference Court award is of 31st March, 1980. Under these
circumstances, the claimants are not entitled to the enhanced benefits
under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894 as
B amended by the Amendment Act 68 of 1984. The award of the High Court
is modified and the grant of benefits are set aside. However, the claimants
are entitled to 15 per cent solatium on the enhanced compensation and
interest @ 5 per cent per annum under the local amended Act on the
enhanced compensation from the date of taking possession till the date of
c payment or deposit whichever is earlier.
The appeals are accordingly allowed to the above extent.
R.P. Appeals allowed.
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