- Court
- Supreme Court of India
- Decided
- 16 August 1995
- Bench
- K. Ramaswamy, B. L. Hansaria
- Result
- Appeals allowed.
Headnote
Land Acquisition Act, 1894 (as amended by Amendment Act 68 of 1984):
Ss.23 (1-A), 23(2), 28-Acquisition of land-Compensation-Awards 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 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
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 from the date of taking possession till the date of payment or deposit whichever is earlier. (761-B-C]
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Leave granted.
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 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 payment or deposit whichever is earlier.
The appeals are accordingly allowed to the above extent.
Case details
Arising from
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 7594-99 of 1995.
From the Judgment and Order dated 26.5.87 of the Karnataka High Court in M.S.A. Nos. 75-80 & 74 of 1987.
Appearances
M. Veerappa for the Appellant
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.