Case Note & Summary
The dispute concerned the entitlement of claimants to additional amount under Section 23(1-A) of the Land Acquisition Act, 1894. The Collector made an award on April 21, 1980 determining compensation for acquired land. The respondents, who were the claimants, sought additional amount under Section 23(1-A) of the Land Acquisition Act, 1894. The High Court allowed their claim. The State of Kerala, aggrieved by the High Court's order, preferred an appeal before the Supreme Court. The sole controversy before the Supreme Court was whether the respondents were entitled to additional amount under Section 23(1-A) of the Land Acquisition Act, 1894. The State contended that the claimants were not entitled to additional amount because the Collector's award was dated April 21, 1980, and thus the provision did not apply. The judgment does not record detailed arguments from either side but discloses that the only controversy was as regards the entitlement to additional amount under Section 23(1-A). The Court examined the question in light of the date of the Collector's award. It observed that since the award of the Collector was of April 21, 1980, the claimants were not entitled to the additional amount under Section 23(1-A) of the Land Acquisition Act, 1894. The provision for additional amount was not applicable to awards made before its introduction or prospective operation. The Court therefore held that the respondents were not entitled to the additional amount claimed. Accordingly, the appeal was allowed to that extent. The order of the High Court was set aside. No order as to costs was made. The Supreme Court thereby upheld the State's contention that the claimants were not entitled to the additional amount under Section 23(1-A) of the Land Acquisition Act, 1894.
Headnote
A) Land Acquisition - Additional Amount under Section 23(1-A) - Entitlement of claimants where Collector's award precedes provision - Land Acquisition Act, 1894, Section 23(1-A) - The Collector's award was dated April 21, 1980, and the provision for additional amount under Section 23(1-A) did not apply to awards made before its introduction/prospective operation - Court held that claimants are not entitled to additional amount merely because the award is dated April 21, 1980; the order of the High Court was set aside - Held that the appeal is allowed to the extent that respondents are not entitled to additional amount under Section 23(1-A) (Paras Not mentioned).
Issue of Consideration
Whether the respondents are entitled to the additional amount under Section 23(1-A) of the Land Acquisition Act, 1894 when the Collector's award is dated April 21, 1980.
Final Decision
The appeal was allowed to the extent that the respondents are not entitled to the additional amount under Section 23(1-A) of the Land Acquisition Act, 1894. The order of the High Court was set aside. No order as to costs.
Law Points
- Additional amount under Section 23(1-A) of Land Acquisition Act
- 1894 is not available where Collector's award is dated before the provision became applicable
- Section 23(1-A) inserted with prospective effect
- claimants not entitled for awards made before the provision came into force
- appeal allowed setting aside High Court order
