Supreme Court of India

STATE OF KERALAversusM.M. ABDUL KHADER

Citation: 1995 INSC 909
Decided: 15 December 1995
Disposal: Appeal(s) allowed
Bench: K RAMASWAMYB L HANSARIA

Holding

Since the award of the Collector is of April 21, 1980, the claimants are not entitled to the additional amount under Section 23(1-A) of the Land Acquisition Act, 1894.

Summary

The State of Kerala appealed a Kerala High Court judgment that had allowed claimants to receive additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894. The sole question was whether the respondents were entitled to this additional amount given that the Collector's award was dated 21 April 1980. The Supreme Court examined the applicability of Section 23(1-A) and held that the award predated the provision’s effective date, rendering the claimants ineligible for the extra compensation. Consequently, the Court set aside the High Court order and allowed the State’s appeal. No costs were awarded.

Issues considered

Whether the respondents are entitled to the additional amount under Section 23(1-A) of the Land Acquisition Act, 1894, considering the Collector's award dated 21 April 1980.

Legislation cited

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

Subjects

Land Acquisition ActSection 23(1-A)additional compensationCollector's awardentitlementSupreme CourtKerala

Judgment

A                               STATE OF KERALA
                                              v.
                              M.M. ABDUL KHADER

                                DECEMBER 15, 1995

B                [K. RAMASWAMY AND B.L. HANSARIA, JJ.]

            Land Acquisition Act, 1894.

            S. 23(1-Aj-Award of Collector being dated 21.4.1980-Claimants nor
C   entitled ro benefits under the section.

          The State Government filed appeal against the jndgment of the High
    Court allowing the claimants, the benefits of s. 23(1-A) of Land Acquisition
    Act, 1894.

D           Allowing the appeal, this Court

          HELD : Since the award of the Collector is of April, 21, 1980, the
    claimants are not entitled to the additional amount under s. 23 (l·A) of
    the Land Acquisition Act, 1894. [785-C]

E           CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12120 of
    1995.

         From the Judgment and Order dated 28.1.93 of the Kerala High
    Court in L.A.A. No. 244 of 1988.

F           M.T. George for the Appellants.

            N. Sudahakaran for the Respondents.

            The following Order of the Court was delivered :

G           Leave granted.

          The only controversy is as regards the entitlement of the respondents
    to the additional amount under Section 23(1-A) of the Land Acquisition
    Act, 1894. Since the award of the Collector is of June 4, 1979, the claimants
    are not entitled to the additional amount under Section 23(1-A) of the said
H   Act.
                                         784
                    STATEv. M.M.ABDULKHADER                             785

     The appeal is accordingly allowed to the above extent. The Order of       A
the High Court is set aside. No costs.

CA. No. 12121 of 1995

       Leave granted.
                                                                               B
      The only controversy with which we are concerned in this appeal is
as regards the entitlement of the respondents to the additional amount
under Section 23(1-A) of the Land Acquisition Ac~ 1894. Since the award
of the Collector is of April 21, 1980, the claimants are not entitled to the
additional amount under Section 23(1-A) of the said Act.
                                                                               c
     The appeal is accordingly allowed to the above extent. The order of
the High Court is set aside. No costs.

R.P.                                                      Appeals allowed.

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