9911796707
TMI Blog1990 (4) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... raised in these cases is regarding the grant of benefits under amended Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as the Amending Act). The President Land Acquisition Tribu nal, Hoshiarpur (District Court) initially granted solatium at 15% on the compensation and interest at 6% per annum on the additional amount of compensation till the date of payment. The claimants 'submitted an application for modifi cation of the award as regards solatium and interest in view of the Amending Act which came into force on 24th September, 1984. The Land Acquisition Tribunal granted benefit of the Amending Act and modified the award by passing the fol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... smissed the Writ Petition filed by the Improvement Trust on 9th February, 1989. In Special Leave Petition No. 9521 of 1989 the award was given by the Land Acquisition Collector on 30th April, 1982. On a reference the award was given by the President Land Acquisition Tribunal, Hoshiarpur on 29th August, 1985. The President Land Acquisition Tribunal modified the award by order dated 29th August, 1988. The Writ Petition filed by the Improvement Trust was dismissed by the High Court on 9th February, 1989. In Special Leave Petition No. 10 130 of 1989 the award was given by the Land Acquisition Collector on 30th April, 1982. On a reference the award was given by the President Land Acquisition Tribunal, Hoshiarpur on 29th August, 1985. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1894 (hereinafter referred to as the Principal Act) was sought to be amended and in this regard on 30th April, 1982, the Land Acquisition (Amendment) Bill, 1982 was introduced in Parliament. On 24th September, 1984 it became law as the Land Acquisition (Amendment) Act, 68 of 1984, when it received assent of the President. Before the amendment, Section 23(2) of the Principal Act provided for solatium at 15% on the market value, in consideration of the compulsory nature of the acquisition. After amendment by Act 68 of 1984 solatium was raised to 30% on the market value under Section 23(2). A Constitution Bench in Union of India Another v. Raghubir Singh (dead) by L.rs. etc., [1989] 2 SCC 754, overruled; Bhag Singh v. Union Territory of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int for operation of Section 23(1-A) for certain cases and it would be deter mined from Section 30(1)(a,) (b) of the Transitional Provisions which read as follows: Section 30: Transitional Provisions: (1) The provision of Sub-section (1-A) of Section 23 of the Principal Act, as inserted by clause (a) of Section 16 of this Act, shall apply, and shall be deemed to have applied, also to, and in relation to: (a) every proceeding for the acquisition of any land under the Principal Act pending on the 30th day of April, 1982 (the date of introduction of the Land Acquisition (Amend ment) Bill 1982 in the House of the People), in which no award has been made by the Collector before that date. (b) every proceeding for the acquisition of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been made by the Collector before that date. In the above two cases the award has not been made by the Collector before 30th day of April, 1982 but made on 30th April, 1982 itself and as such the claimants in these two cases become entitled to the benefit of Section 23(1-A). As a result of the above discussion the civil appeals in S.L.P. (C) Nos. 952 1 of 1989 10 130 of 1989 stand dis missed. So far as appeal in Special Leave Petition No. 9434 of 1989 is concerned, it is allowed in part and the order of the High Court as well as that of the President Land Acqui sition Tribunal is modified only to the extent that interest shall be allowed at the rate of 6% per annum instead of 12% per annum from the date of Notification under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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