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2002 (9) TMI 798 - SC - Indian LawsWhether the provisions of the Land Acquisition Act, 1894, particularly Sections 6, 23(2) and 28 thereof stand incorporated in the three State Acts with which we are concerned in these matters or whether the Land Acquisition Act has been merely referred to in the State Acts? Held that - In the appeals and special leave petitions before us relating to acquisitions under the Punjab Act, the High Court has granted to the claimants the benefit of additional amount payable under Section 23(1-A) of the Land Acquisition Act. We find from the record placed before us that the Awards of the Collector in all these cases were made much before 30th April, 1982 and, therefore, there was no proceeding for acquisition of land pending on 30th April, 1982 since the Collector had made his Awards much earlier. Such being the factual position, the claimants will not be entitled to the benefit of additional amount payable under Section 23(1-A) of the Land Acquisition Act and the judgments and orders of the High Court on this aspect of the matter must be set aside. In these cases as well the Collector had made his Award much before 30th April, 1982 and, therefore, the appellant s claim for additional amount under Section 23(1-A) must be rejected.
Issues Involved:
1. Whether the provisions of the Land Acquisition Act, 1894, particularly Sections 6, 23(2), and 28, stand incorporated into the three State Acts or are merely referred to. 2. Applicability of amendments to the Land Acquisition Act on acquisitions made under the State Acts. 3. Entitlement of claimants to additional compensation under Section 23(1-A) of the Land Acquisition Act. 4. Whether the acquisition proceedings under the State Acts are discriminatory under Article 14 of the Constitution. 5. Entitlement to interest on the sum payable under Section 23 of the Land Acquisition Act. Detailed Analysis: Issue 1: Incorporation vs. Reference of the Land Acquisition Act in State Acts The court examined whether the provisions of the Land Acquisition Act, 1894, particularly Sections 6, 23(2), and 28, are incorporated into the Punjab Town Improvement Act, 1922; the Nagpur Improvement Trust Act, 1936; and the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, or merely referred to. It concluded that the provisions of the Land Acquisition Act, as modified by the State Acts, stand incorporated into the State Acts. This incorporation implies that subsequent amendments to the Land Acquisition Act do not affect acquisitions made under the State Acts. Issue 2: Applicability of Amendments to the Land Acquisition Act The court held that the amendments to the Land Acquisition Act, particularly those brought by Act 68 of 1984, do not apply to acquisitions made under the State Acts because the provisions of the Land Acquisition Act stand incorporated into the State Acts. Therefore, the modifications and amendments to the Land Acquisition Act post-incorporation do not impact the State Acts. Issue 3: Entitlement to Additional Compensation under Section 23(1-A) The court addressed the entitlement of claimants to additional compensation under Section 23(1-A) of the Land Acquisition Act. It was concluded that claimants are not entitled to the additional compensation under Section 23(1-A) if the awards by the Collector were made before April 30, 1982. This decision was based on the precedent set by the larger bench in K.S. Paripoornan vs. State of Kerala, which overruled the earlier decision in Zora Singh's case. Issue 4: Discrimination under Article 14 of the Constitution The court examined whether the acquisition proceedings under the State Acts are discriminatory under Article 14 of the Constitution. It drew from the judgment in Nagpur Improvement Trust vs. Vithal Rao, which held that different principles of compensation based on the acquiring authority or the legislation under which land is acquired are not permissible under Article 14. The court held that the provisions of the State Acts must be construed to apply the beneficial amendments of the Land Acquisition Act, thereby avoiding the vice of arbitrary and hostile discrimination. Issue 5: Entitlement to Interest on the Sum Payable The court addressed whether claimants are entitled to interest on the sum payable under Section 23 of the Land Acquisition Act. It concluded, following the decision in Sunder vs. Union of India, that claimants are entitled to interest on the amount of compensation, including sums under Section 23(1), (1-A), and (2) of the Land Acquisition Act. Conclusion: 1. The provisions of the Land Acquisition Act, 1894, as modified, are incorporated into the Punjab, Nagpur, and U.P. Acts. 2. Amendments to the Land Acquisition Act do not affect acquisitions under the State Acts. 3. Claimants are not entitled to additional compensation under Section 23(1-A) if the Collector's awards were made before April 30, 1982. 4. The State Acts must be construed to apply the beneficial amendments of the Land Acquisition Act to avoid discrimination under Article 14. 5. Claimants are entitled to interest on the compensation amount, including sums under Section 23(1), (1-A), and (2). Judgments Delivered: - Civil Appeal Nos. 6590 to 6592 of 2001 were allowed, granting interest on the sum payable under Section 23(1-A). - Civil Appeal Nos. 9206 to 9214 of 1995 were partly allowed, setting aside the entitlement to additional compensation under Section 23(1-A). - Special Leave Petition (Civil) No. 3210 of 1999 was dismissed. - Civil Appeal Nos. 9260-9261 of 1995 were dismissed. - Civil Appeal Nos. 3789 of 1992 and 839 of 1995 and Special Leave Petition (Civil) Nos. 12949 of 1992 and 3331 of 1993 were dismissed. - Civil Appeal Nos. 1164-1200 of 1993 and SLP (C) Nos. 8256-8259 of 1993 were allowed, setting aside the High Court's judgments and orders.
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