2003 (3) TMI 726 - SC - Indian Laws

Summary

Issues Involved:
1. Applicability of amendments made to the Land Acquisition Act by Central Act No. 68 of 1984 to the acquisition under the MRTP Act.
2. Determination of market value and statutory benefits under Sections 23 and 28 of the Land Acquisition Act.
3. Quantum of market value awarded by the Reference Court and the High Court.

Summary:

1. Applicability of Amendments to the Land Acquisition Act:
The primary issue in this appeal is whether the amendments made to the Land Acquisition Act by Central Act No. 68 of 1984, which confer additional monetary benefits to landholders, are applicable to acquisitions under the MRTP Act. The appellant contends that these amendments should not apply because they were made after the enactment of the MRTP Act, 1966. The respondent-claimant argues that any amendments to the Land Acquisition Act regarding compensation should apply to acquisitions under the MRTP Act, as there is no contrary intention expressed in the MRTP Act.

2. Determination of Market Value and Statutory Benefits:
The High Court affirmed the market value of Rs. 300 per sq. meter as of 7.5.1987 and extended the statutory benefits under the amended Sections 23 and 28 of the Land Acquisition Act. The amendments include sub-section (1-A) to Section 23, which entitles claimants to an additional amount calculated at 12% per annum on the market value, and the enhancement of solatium from 15% to 30% under sub-section (2) of Section 23. Under Section 28, the claimant is entitled to receive interest on the excess compensation awarded at increased rates.

3. Quantum of Market Value:
The appellant attempted to challenge the quantum of market value awarded by the Reference Court and the High Court, arguing that the amount claimed by the landholders was less than what was awarded. However, no such contention was raised before the High Court, and no material was placed before the Supreme Court to substantiate this claim. Additionally, a Review Petition filed in the High Court was dismissed, and no S.L.P. was filed against that order.

Conclusion:
The Supreme Court upheld the view taken by the High Court, affirming that the benefits under Sections 23(1-A), 23(2), and 28 of the Land Acquisition Act, as amended by the 1984 Act, apply to acquisitions under the MRTP Act. The appeal was dismissed without costs.