UNION OF INDIA AND ORSversusFILIP TIAGO DE GAMA OF VEDEM VASCO DE GAMA

                       U1~ION OF INDIA AND ORS
                                        v.
     FILIP TIAGO DE GAMA OF VEDEM VASCO DE GAMA

                            NOVEMBER 30, 1989

B        [K. JAGANNATH SHETTY AND A.M. AHMADI, JJ.]

          Land Acquisition Act, 1894-Sections 4, 6, 23, 23( JA) and 30-
    Awards made between April 30, 1982 and September 24, 1984-
    Entitlement to higher Solatium and additional amount under Section
    23( JA)-Consideration of.

c         By a notification issued under Section 4 of the Land Acquisition
    Act and published in the Government Gazette on 26.IO.I967, the State
    Government declared its intention to acquire the land of the Respon-
    dent on 23.2.I968. A notification under section 6 of the Act was
    published in the Gazette and on S.3.I969. The Land Acquisition Officer
D   declared award, determining compensation at the rate of 4 paise per
    square meter with solatium at IS per cent. At the instance of the
    respondent-claimant, a reference under section I8 of the Act was
    made to the Distt. Judge on May 28, I985. The Civil Court awarded
    compensation at Rs.3 per square meter and also awarded solatium at IS
    per cent and interest at 6 per cent from the date of taking possession of
E   the land by the State till payment of compensation. Being dissatisfied,
    the Respondent preferred an appeal to the High Court seeking enhance-
    ment both of compensation and solatium at the rate of 30 per cent.

          The High Court allowed the appeal, and granted three reliefs viz;
    (I) Additional amount at the rate of I2 per cent of the market value
F   from the date of the notification under section 4 till the date of taking
    over possession; (2) interest at the rate of .9 percent for the first year
    from the date of taking possession and IS per cent for the subsequent
    years and (3) Solatium at 30 per cent on the market value.

         The appeilant has thus filed the instant appeal atler obtaining
G   Special Leave.

          There is no grievance as regards the interest awarded. The
    challenee relates to the grant of enhanced solatium and the additional
    amount of compensation. Appellants' contention is that sections 30(2)
    and 23(2) are not at all attracted and the claim of the Respondent on the
H   said two counts is not sustainable.

                                       336
                               U.0.I. v. FILIP TIAGO                         337

           Partly allowing the appeal, thiS Court,
                                                                                    A
           HELD: Section 30(2) provides that the amended provisions of sec-
     tion 23(2) shall apply, and shall be deemed to have applied, also to, and
     in relation to, any award made by the Collector or Court between 30th
>
     April 1982 and 24th September 1984, or to an appellate order there-
     from passed by the High Court or Supreme Court. The purpose of these           B
     provisions seems to be that the awards made in that interregnum must get
     higher solatium in as much as to awards made subsequent thereto. [343G-H]

        , If there is obvious anamoly in the application of law, the Court
     could shape the law to remove the anamoly. The Legislatures do not
     always deal with specific controversies which the Court decide. They
     incorporate general purpose behind the statutory words and it is for the       c
     Courts to decide specific cases. If a given case is .well within the general
     purpose of the legislature but not within the literal meaning of the
     statute, then the Court must strike the balance. So construing the Court
     held that benefit of higher solatium under section 23(2) should be avail-
     able also to the present case. [344A-C]                                        D

            In the instant case, on October 26, 1967, the notification under
      section 4 was issued. On March 5, 1969, the Collector made the award.
     ·The result is that on April 30, 1982 there was no proceeding pending
      before the Collector. Therefore Section 30, sub-section (l)(a) is ·not
·,    attracted to the case. Since the proceedings for acquisition commenced        E
      before 30th April 1982 Section 30, sub-section (l)(b) is also not applic-
      able to the case. The case is therefore really gone by both ways. The
      claimant is therefore not entitled to additional amount provided under
      Section 23(1A). [346E-F]

           The purpose of incorporating Transitional Provisions in any              F
     Act or amendment is to clarify as to when and how the operative
     parts of the enactments are to take effect. The transitional provisions
     generally are intended to take care of the events during the period of
     transition. [343A]

           Kamalajammaniavaru v. Special Land Acquisition Officer,                  G
     [1985] 1 SCC 582; Bhag Singh v. Union Territory of Chandigarh,
     [1985] 3 SCC 737; State of Punjab v. Mohinder Singh, [1986] 1 SCC
     365; Union of India v. Raghubir Singh, [1989] 2 SCC 754; Towne v.
     Eisher, 245, U.S. 418, 425, 1918; Lenigh Valley Coal Co. v. Yensavage,
     218 F.R. 547 at 553; Mahadeolal Kanodia v. The Administrator
     General of West Bengal, [1960] 3 SCR 578, referred to.                         H
    338         SUPREME COURT REPORTS                [1989] Supp. 2 S.C.R.

         Special Land Acauisition Officer, Dandeli v. Soma Gopal
A   Gowda, AIR 1986 Karnataka 179 at 183 (FB); Jaiwant Laxman
    P. Sardesai etc. etc. v. Government of Goa Daman & Diu & Anr., AIR
    1987 Born. 214 at 217 (FB), overruled.

          CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4802
B   of 1989.

         From the Judgment and Order dated 7.9.1987 of the Bombay
    High Court in First Appeal No. 24 of 1986.

          Anil Dev Singh, C. Ramesh, C.V.S. Rao and P. Parmeshwaran
    for the Appellants.
c
         S.K. Mehta, Dhruv Mehta, Aman Vachher, Atul Nanda and
    S.M. Sarin for the Respondent.

          The Judgment of the Court was delivered by
D
          K. JAGANNATHA SHETTY, J. Special Leave granted.

          This case raises yet another variant of a vexed question. Does
    Section 23(2) of the Land Acquisition Act, 1984 (as amended by Act
    68 of 1984) providing for higher solatium proprio vigore apply to
E   award made subsequent to 24 September 1984 even though the acqui-
    sition commenced prior to the said date. The appeal also raises
    another important question as to the applicability of section 23( lA)
    providing additional amount of compensation to award made in such
    acquisition proceedings.
                                                                             ,
F         The facts are not in dispute and may be stated as follows:

          By notification under section 4 of the Land Acquisition Act,
    1894 (the 'Act') published in the Government Gazette on 26 October
    1967, the State Government declared its intention to acquire the land
    belonging, to the respondent for establishing Naval Air Station
G   Dabolim. · On 23 February 1968, notification under section 6 was
    published in the Gazette. On 5 March 1969 the Land Acquisition
    Officer declared award determining compensation at the rate of 40
    paise per square meter with solatium at 15 per cent.

         The .claimant had sought reference under section 18 of the Act
H   and reference was duly made to the Civil Court (District Judge). On
                   U.0.1. v. FILIP TIAGO [SHETrY, J.]                 339

28th May 1985, the Court after investigation of the claim awarded
                                                                             A
compensation at Rs.3 per square meter. The Court also awarded
solatium at 15 per cent and interest at 6 per cent from the date. of
taking possession till payment of compensation. Not being satisfied,
the claimant preferred an appeal to the High Court seeking further
enhancement of compensation and also solatium at 30 per cent. This
claim was apparently based on the new provisions introduced by the           B
Amending Act 68 of 1984. The High Court accepted the appeal and
granted the reliefs in the following terms:

            "The impugned award dated 28th May, 1986, is modified.
            The appellant is entitled to the added benefits. In that he
            shall be entitled to have the compensation at the rate of
             12% of the market value from the date of section 4 notifica-    c
            tion till the . date of possession or the date of award,
            whichever is earlier. The appellant is further entitled to
            interest at the rate of 9% for the first year from the date of
            taking over possession and thereafter at the rate of 15%
            per annum till the date of deposit or payment as the case        D
            may be. The appellant shall be entitled to further 15 per
            cent solatilim in addition to the 15 per cent already granted
            to him. To the extent indicated above, the award shall
            stand modified."

     The High Court has thus granted three more reliefs to the clai-         E
mant: (i) Additional amount at the rate of 12 per cent of the market
value from the date of notification under section 4 till the date of
taking over possession; (ii) interest at the rare of 9% for the first year
from the date of taking possession and 15 per cent for the subsequent
years; and (iii) solatium at 30 per cent on the market value.
                                                                             F
      There is no grievance made in this appeal as to the second ofthe
reliefs granted to the claimant. The claimant is entitled to the interest
under section 28 of the Act. The challenge is only against the first and
the third of the said reliefs. They were evidently given under the
amended sections 23( lA) and 23T2) of the Act.
                                                                             G
     We will first take up the question of solat\um. On 30 April 1982,
the corresponding Bill ~f the Amending Act 68 of 1984, namely, Land
Acquisition (Amendment) Bill 1982, was introduced in Parliament.
On 24th September 1984 it became law as the Land Ai:quisition
(Amendment) Act, 68 of 1984, when it received assent of the Presi-
dent. Before the amendment, Section 23(2) provided solatium at 15            H
      340         SUPREME COURT REPORTS                [1989) Supp. 2 S.C.R.

  per cent on the market vaule. After amendment by Act 68 of 1984
A solatium was raised to 30 per cent on the market valued. Section 23(2)
  now reads:

                 "23(2) In addition to the market value of the land, as
                 above provided, the Court shall in every case award a sum
B                of (thirty per centum) on such market value, in considera-
                 tion of the compulsory nature of the acquisition."

           The question herein is whether the higher solatium is attracted to
      the present case. Section 23(2) has been given limited retrospectivity
      by supplying transitional provisions under section 30(2). Section 30(2)
      reads:
c
                 "30. Transitional provisions:

                 (1) xxxxx                     xxxxx                     xxxxx

Ii>              (2) The provisions of sub-section (2) of Section 23 of the
                 principal Act, as amended by clause (b) of Section 15 and
                 Section 18 of this Act respectively, shall apply, and shall be
                 deemed to have applied, also to, and in relation to, any
                 award made by the Collector or Court or to any order
                 passed by the High Court or Supreme Court in appeal
                 against any such award under the provisions of the princi-
                 pal Act after the 30th day of April, 1982 (the dat,e ,of intro-
                 duction of the Land Acquisition (Amendment) Bill, 1984,
                 in the House of the People) and before the commencement
                 of this Act."

f       The scope of retrospective operation of Section 23(2) was first
  explained in Kamalajammaniavaru v. Special Land Acquisition
  Officer, [ 1985) 1 SCC 582. A two Judge Bench held that the award of
  30 per cent solatium will apply only where the award appealed :against
  was made by the Collector of Court during the period between 30
  April 1982 and 24 September 1984. This decision was rendered on 14
G February 1985. Shortly thereafter there was another decision by a
  three-Judge Bench in Bhag Singh v. Union Territory of Chandigarh,
  [ 1985) 3 SCC 737. There a contrary view was expressed. It was held
  that even if an award is made by the Collector or Court on or before 30
  April, 1982, and an appeal against such award is pending before the
  High Court or the Supreme Court on 30 April 1982 or is filed subse-
H quent to that date, 30 per cent solatium under section 23(2) should be
                   U.0.1. v. FILIP TIAGO [SHETIY, J.]                 341

allowed. In taking that view, Bhag Singh overruled Kamalajamman-
navaru and approved of the opinion expressed in another three-Judge          A
Bench in State oftunjab v. Mohinder Singh, [1986]1SCC365. But the
recent Constitution Bench in Union of India v. Raghubir Singh, [1989]
2 SCC 754 bas overruled Bhag Singh and Mohinder Singh and
reiterated the view expressed in Kamalajammanaivaru. Pathak, CJ.,
speaking for the Court in Raghubir Singh case rounded off bis discus-        B
sion thus (at 782):

            "We think that what Parliament intends to say is that the
            benefit of section 30(2) will be available to an award by the
            Collector or the Court made lietween the aforesaid two
             dates or to an appellate order of the High Court or of the
            Supreme Court which arises out of an award of the Col-           c
            lector or the Court made between the said two .dates. The
            word 'or' is used with reference to the stage at which the
            proceeding rests at the time when the benefit under section
            30(2) is sought to be extended. If the proceeding has
            terminated with the award ol' the Collector or of the Court      D
            made between the aforesaid two dates, the benefit of sec-
            tion 30(2) will be applied to such award made between the
            aforesaid two· dates. If the proceeding has passed to the
            stage of appeal before the High Court or Supreme Court, it
            is at that stage when the benefit of section 30(2) will be
            applied. But in every case, the award of the Collector or of     E
            the Court must have been made between April 30, 1982
            and September 24, 1984."

       In stating thus, the decision has set at rest the controversy as to
entitlement of higher solatium to cases pending as on the date of
commen<;ement of the Amending Act. Section 23(2) was held to apply           F
to awards ·made in between 30 April 1982 and 24 September 1984.
Obviously they must be awards in acquisition commenced prior to the
Sa.id dates. The award may be of the Collector or Court. One or the
other must receive thirty per cent solatium on the market value of the
land. More important, that the higher solatium could also be given by
the High Court or the Supreme Court in appeals against such award.           G

      But these decisions do not solve the problem presented here.
The award with which we are concerned does not fall within the inter-
regnum i.e. between 30 April 1982 and 24 September 1984. To repeat
the facts: The acquisition commenced on 26 October 1967 when the
notification~under section 4( 1) of the Act was published. On 5 March        H
        342          SUPREME COURT REPORTS                [1989] Supp. 2 S.C.R.

        196'1 the Collector made the award .and on 28 May 1985 the reference
.It>,   court made the award. Both the awards, thus apparently fall outside the
        period prescribed under section 30(2).

              Counsel for the appellant on the aforesaid facts rules out the
        applicability of section 30(2) in the first place. Secondly, he also ruled
B       out the applicability of section 23(2). The first contention was based on
        the plain terms of Section 30(2) and the s.econd on the ground that
        section 23(2) with its isolated splendour is not retrospective in opera-
        tion. He thus submitted that the claimant's case could not be saved for
        higher solatium either under Transitional Provisions or by amended
        Section 23(2) of the Act and it was gone both ways.

c           This submission reminds us of the words of Shakespeare in the
        Merchant of Venice, where Luncelot tells Jessica:

                    "Truely then I fear you are damned both by father and
                    mother. When I shun scylla your father, I fall into charybdis
J!)                 your mother. Well, you are gone both ways." (The Mer-
                    chant of Venice 3.5).

              The submission that Section 23(2) by itself has no retrospective
        operation seems to be justified. It is significant to note that section
        23(2) forms part of a scheme of determining compensation for land
E       acquired under the Act. It provides 30 per cent solatium on the market
        value of the land in consideration of the compulsory nature of the
        acquisition. It thus operates on the market value of the land acquired.
        The market value of the land is required to be determined at the date
        of publication of the notification- 11nder section 4( 1). It cannot be
        determi11ed with reference to any other date. That has been expressly
f       provided for under section 23(1) of the Act. In the instant case, section
        4( 1) notification was published on 20 October 1967. The Amending
        Act 68 of 1984 came into force on'24 September 1984. The amended
        section 23(2) by itself is not retrospective in operation. It can not
        proprio vigore apply to awards in respect of acquisition proceedings
        commenced prior to 24 September 1984. If, therefore, section 30(2)
G       does not cover the present case, then amended Section 23(2) has no
        part to play.

             This in effect is the result of the plain meaning rule of interpret-
        ing Section 30(2) of the Amending Act 68 of 1984. But then, it would
        seem very odd indeed and anomalous too to exclude the present case
H       from the operation of section 30(2). Section 30(2) is the Transitional
                   U.0.1. v. F.ILIP TIAGO [SHETIY, J.]                343

Provisions. The purpose of incorporating Transitional Provisions in
                                                                             A
any Act or amendment is to clarify as to when and how the operative
parts of the enactments are to take effect. The Transitional Provisions
generally are intended to take care of the events during the period of
transition. Mr. Francis .Bennion in his book on Statutory Interpreia-
tion ( 14 Edition, p. 442) outlines the purpose of such provisions:
                                                                             B
             " 189. Transitional Provisions

            Where an Act contains substantive, amending or repealing
            enactments, it commonly also includes transitional provi-
            sions which regulates the coming into operation of those
            enactments and modify their effect during the period of
            transition. Where an Act fails to include such provisions        c
            expressly, the Court is required to draw such inferences as
            to the intended transitional arrangements as, in the light of
            the interpretative criteria, it considers Parliament to have
            intended."
                                                                             D
        The paramount object in statutory interpretation is to discover
  what the legislature intended. This intention is primarily to be
. ascertained from the text of enactment in question. That does not
  mean the text is to be construed merely as a piece of prose, without
  reference to its nature or purpose. A statute is neither a literary text
 nor a devine revelation "Words are certainly not crystals, transparent      E
 and unchanged" as Mr. Justice Holmes has wisely and properly
 warned. (Town v.Eisher, 245, U.S. 41~, 425, 1918). Learned Hand, J.,
 was equally emphatic when he said. "Statutes should be construed, not
 as theorems of Euclid, but with some imagination of the purposes
 which lie behind them." (Lenigh Valley Coal Co. v. Yensavage, 218
 F.R. 547 at 553.)                                                           F

      Section 30(2) provides that amended provisions of Section 23(2)
shall apply, and shall be deemed to have applied, also to, and in
relation to, any award made by the collector or Court between 30
April 1982 and 24 September 1984, or to an appellate order therefrom
passed by the High Court or Supreme Court. The purpose of these              G
provisions seems to be that the awards made in that interregnum must
get higher solatium in as much as to awards made subsequent to 24
September 1984. Perhaps it was thought that_ awards made after the
commencement of the Amending Act 68 of 1984 would be taken care
of by the amended Section 23(2). The case like the present one seems
to have escaJ>ed attention by innocent lack of due care in the drafting.     H
    344         SUPREME COURT REPORTS                [1989] Supp. 2 S.C.R.

    The result would be an obvious anomaly as will be indicated presently.
A
    If there is obvious anomaly in the application of law the Court could
    shape the law to remove the anomaly. If the strict grammatical
    interpretation gives rise to absurdity or inconsistency, the Court could
    discard such interpretation and adopt an interpretation which will give
    effect to the purpose of the legislature. That could be done, if neces-
B   sary even by modification of the language used. [See: Mahadeolal
    Kanodia v. The Administrator General of West Bengal, [ 1960] 3 SCR
    578]. The legislators do not always deal with specific controversies
    which tlie Court decide. They incorporate general purpose behind the
    statutory words and it is for the courts to decide specific cases. If a
    given case is well within the general purpose of the legislature but not
    within the literal meaning of the statute, then the court must strike the
c   balance.

          The criticism that the literal interpretation of Section 30(2), if
    adhered to would lead to unjust result seems to be justified. Take for
    example; two acquisition proceedings of two adjacent pieces of land,
D   required for the same public purpose. Let us say that they were
'   initiated on the same day-a day sometime prior to 30 April 1982. In
    one of them the award of the Collector is made on 23 September 1984
    and in the other on 25 September 1984. Under the terms of Section
    30(2) the benefit of higher solatium is available to the first award and
    not to the second. Take another example; the proceedings of acquisi-
E   tion initiated, say, in the year 1960 in which award was made on I May
     1982. Then the amended Section 23(2) shall apply and higher solatium
    is entitled. But in an acquisition initiated on 23 September 1984, and
    award made in the year 1989 the higher solatium is ruled out. This is the
    intrinsic illogicality if the award made after 24 September 1984, is not
    given.higher solatium. Such a construction of Section 30(2) would be
F   vulnerable to attack under Article 14 of the Constitution and it should
    be avoided. We, therefore, hold that benefit of higher solatium under
    section 23(2) should be available also to the present case. This would
    be the only reasonable view to be taken in the circumstances of the
    case and in the light of the purpose of Section 30(2). In this view of the
    matter, the higher solutium allowed by the High Court is kept
G   undisturbed.

          This takes us to the second question which we have formulated at
    the beginning of the judgment: Whether the claimant is entitled to
    additional amount of compensation provided under Section 23( lA) of
    the Act? Tliids equally a fundamental question and seemingly riot
H   covered by any of the previous decisions of this Court.
                  U.0.1. v. FILIP TIAGO [SHETIY, J.]                 345

      Section 23( IA) reads as follows:                                     A

           "In addition to the market value of the land, as above
           provided, the court shall in every case award an amount
           calculated at the rate of twelve per centum per annum on
           such market value for the period commencing on and from
                                                                            B
           the date of the publication of the notification under Section
           4, sub-section (I), in respect of such land to the date of
           award of the Collector or the date of taking possession of
           the land, whichever is earlier.

                 Explanation: In computing the period referred to in
           this sub-section any period or periods during which the          c
           proceedings for the aquisition of the land were held up on
           account of any stay or injunction by the order of any court
           shall be excluded."

The objective words used in this sub-section are similar to those that
are used in Section 23(2). It enjoins a duty on the Court to award the      D
additional amount at twelve per cent on the market value of the land
for the period prescribed thereunder. But this again is a part of the
scheme for determining compensation under Section 23(1) of the Act.
It also operates on the market value of the land acquired. It is plainly
and distinctly prospective in its operation since market value has to be
determined as on the date of publication of notification under section      E
4( 1). But the legislature has given new starting point for operation of
section 23(1A) for certain cases. That will be found from Section 30
sub-section l(a) anQ__(b) of the Transitional Provisions. They read as
follows:

           Section 30: Transitional Provisions:                             F

           ( 1) The provison of sub-section (IA) of Section 23 of the
           principal Act, as inserted clause (a) of section 15 of this
           Act, shall apply, and shall be deemed to have applied, also
           to, and in relation to:
                                                                            G
           (a) every proceeding for the acquisition of any land under
           the principal Act pending on the 30th day of April 1982 the
           date of introduction of the Land Acquisition (Amendment)
           Bill 1982 [in the House of the. PeopleJ, in which no award has
           been made by the Collector before that date.
    346         SUPREME COURT REPORTS               [1989] Supp. 2 S.C.R.

               ( b) every proceeding for the acquisition of any land under
A              the principal Act commenced after that date, whether or
               not an award has been made by the Collector before the
               date of commencement of this Act."

          Entitlement of additional amount provided under Section
B   23( lA) depends upon pendency of acquisition proceedings as on 30
    April 1982 or commencement of acquisition proceedings after that
    date. Section 30 sub-section (l)(a) provides that additional amount
    provided under Section 23( IA) shall be applicable to acquisition pro-
    ceedings pending before the Collector as on 30 April 1982 in which he
    has not made the award before that date. If the Collector has made the
    award before that date then, that additional amount cannot be
c   awarded. Section 30 sub-section ( l)(b) provides that section 23( 1-A)
    shall be applicable to every acquisition proceedings commenced after
    30 April 1982 irrespective of the fact whether the Collector has made
    an award or not before 24 September 1984. The final point to note is
    that Section 30 sub-section (1) does not refer to Court award and the
D   Court award is used only in section 30 sub-section (2).

          In the case before us, on 26 October 1967, the notification under
    section 4 was issued. On 5 March 1969 the Collector made the award.
    The result is that on 30 April 1982 there was no proceedings pending
    before the Collector. Therefore, section 30 sub-section (l)(a) is not
E   attracted to the case. Since the proceedings for acquisition commenced
    before 30 April 1982, section 30 sub-section ( l)(b) is also not applic-
    able to the case. Here, the case is really gone by both ways. It cannot
    be saved from Scylla or Charybdis. The claimant is, therefore, not
    entitled to additional amount provided under Section 23(1-A).

p         Before we part with the case, it is important that we should refer
    to two authorities of the High Courts which have taken contrary view.

        As to the applicability of Section 23( IA) to pending cases, the
  Karnataka High Court in Special Land Acquisition Officer, Dandeli v.
  Soma Gopal Gowda, AIR 1986 Karnataka 179 at 183 (FB) has expres-
G sed the view that for giving an additional amount calculated at the rate     -.
  of 12 per cent per annum on the market value of the land, no distinc-
  tion could be made respecting lands acquired before or after the com-
  ing into force of the Amending Act. In all pending cases whether on
  reference or on appeal, the Court is required to apply the provisions of
  Section ·23(1A) in determining compensation payable to claimants.
H For this conclusion the Court relied upon the judgment of this Court in
                  U.0.1. v. FILIP TIAGO [SHETI"Y, J.]              347

Bhag Singh case. The Bombay High Court in Jaiwant Laiman                  A
P. Sardesai etc. etc. v. Government of Goa, Daman and Diu and Anr.,
AIR 1987 Born 214 at 217 IFB) has also accepted a similar line of
reasoning. In fact the reasons are so much similar, the cases look like
twins.

      Both the High Courts have focussed attention on the terms and B
phraseology used in Section 30 sub-section (I) namely, " ..... shall
apply, and shall be deemed to have applied, also to, and in relation has
also been proceedings for acquisition ..... ".The conclusion has also
been rested on the mandatory words of Section 23( IA). It was said
that it enjoins a duty on the court to award the amount in every case
and that mandate of the legislature could not be ignored. The decision . C
of this Court in Bhag Singh appears to be the single motive force
guiding the approach and reaching the conclusion. But it may be noted
that the aforesaid phraseology used in Section 30 sub-section (I) is
quite similar to that used in Section 30 sub-section (2). The scope of
those words has already been examined and no more need to be stated
in that regard since Bhag Singh has been overruled in Raghubir Singh. D
The view taken by the High Courts of Karnataka and Bombay there-
fore, could no longer be cosidered as good law and the said decisions
are accord_igly overruled.     ·

      In the result, the appeal is allowed in part. The judgment of the
High Court is modified and the. compensation award under Section          E
23( IA) is deleted"' The judgment and decree in other respects are kept
undisturbed.

     In the circumstances of the case, we make no order as to costs.

Y. Lal                                                  Appeal allowed.   F