Supreme Court of India

STATE OF KERALAversusGEORGE JOSEPH

Citation: 1996 INSC 228
Decided: 12 February 1996
Disposal: Appeal(s) allowed
Bench: K RAMASWAMYG B PATTANAIK

Holding

The respondent is not entitled to the additional amount under Section 23(1A) because the award was made after a notice under Section 4(1) had already been issued.

Summary

The State of Kerala initiated acquisition proceedings against George Joseph, issuing a notice under Section 4(1) of the Land Acquisition Act, 1894 on 26 September 1978. The Collector later made an award on 27 March 1981, and the respondent claimed an additional amount under Section 23(1A) of the Act. The question before the Court was whether the award, being made after the notice, made the respondent eligible for the extra compensation contemplated in Section 23(1A). The Court held that because the notice under Section 4(1) preceded the award, the conditions for invoking Section 23(1A) were not satisfied, and therefore the respondent could not claim the additional amount. Consequently, the appeal was allowed, the award was set aside, and no costs were awarded.

Issues considered

Whether the respondent is entitled to the additional amount under Section 23(1A) of the Land Acquisition Act, 1894 when the award was made after the notice under Section 4(1).

Legislation cited

Land Acquisition Act, 1894s. 23(1A), s. 4(1)

Subjects

Land Acquisition Act, 1894Section 4 noticeSection 23(1A) compensationAwardAppealKerala

Judgment

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                                STATE OF KERALA                                        A
                                            v.
                                  GEORGE JOSEPH

                                FEBRUARY 12, 1996

                 (K. RAMASWAMY AND G.B. PATTANAIK, JJ.]                                B

             Land Acquisition Act, 1894 :

            Section 4(1) and 23(1A)-Award dated March 27, 1981-Notificatio'!
      unda s.4( 1) earlier in point of tirn<--Hence party not entitled to payment of   C
      additional amount under Section 23( JA).

            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3649-50
      of 1996.

           From the Judgment and Order dated 21.7.94 of the Kerala High D
      Court in L.A.A. No. 112 and 119 of 1985.

             M.T. George for the Appellant.

             The following Order of the Court was delivered :

           Though notice was issued to the respondent, no unserved acknow-             E
      ledgment has been received so far. Therefore, notice must be deemed to
      have been served on the respondent.

             Leave granted.

            The point in the case is no longer res integra. The award of the           F
      Collector is dated March 27, 1981 and the notification under Section 4(1)
      of the Land Acquisition Act, 1894 is of September 26, 1978. Therefore, the
      respondent is not entitled to the payment of the additional amount under
      Section 23(1A) of that Act.
                                                                                       G
             The appeals are accordingly allowed. The award to the above extent
      is set aside. No costs.

      G.N.                                                        Appeals allowed.

                                                                                       H
                                            465

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