Case Note & Summary
The appeal before the Supreme Court of India was filed by the Improvement Trust, Sangrur against Gurjit Singh Sandhu and others. The dispute arose in the context of land acquisition proceedings where a notification under Section 4(1) of the Land Acquisition Act, 1894 was published on January 28, 1978, and the Collector's award was made on September 10, 1979. The respondents claimed entitlement to an additional amount under Section 23(1A) of the Land Acquisition Act, 1894, which was inserted by Act 68 of 1984. The Supreme Court was called upon to decide whether the respondents were entitled to this additional amount. The Court noted that certain respondents had been served but did not appear, and proceeded to address the core legal controversy. The Court observed that the Collector's award was dated September 10, 1979, and the notification under Section 4(1) was published on January 28, 1978. Given these dates, the Court concluded that the respondents were not entitled to the additional amount under Section 23(1A) of the Act. Consequently, the appeal was allowed to the extent of denying the additional amount, and no costs were awarded. The judgment thus clarified that the additional amount under Section 23(1A) of the Land Acquisition Act, 1894 is not payable when the Collector's award predates the amendment by Act 68 of 1984, as evidenced by the award being made on September 10, 1979.
Headnote
A) Land Acquisition - Additional Amount under Section 23(1A) - Section 23(1A), Land Acquisition Act, 1894 - The respondents claimed additional amount under Section 23(1A) as amended by Act 68 of 1984. The Collector's award was dated September 10, 1979, and notification under Section 4(1) was published on January 28, 1978. The Supreme Court held that under these circumstances, the respondents were not entitled to the additional amount under Section 23(1A) of the Act, and allowed the appeal to that extent. (Para 1)
Issue of Consideration
Whether the respondents are entitled to the additional amount under Section 23(1A) of the Land Acquisition Act, 1894 as amended by Act 68 of 1984 when the Collector's award was made on September 10, 1979 and the notification under Section 4(1) was published on January 28, 1978.
Final Decision
The appeal was allowed to the extent that respondents were held not entitled to the additional amount under Section 23(1A) of the Land Acquisition Act, 1894. No costs were awarded.
Law Points
- Additional amount under Section 23(1A) of Land Acquisition Act
- 1894 is not payable when Collector's award was made on September 10
- 1979 and notification under Section 4(1) was published on January 28
- 1978.
