LAND ACQUISITION OFFICER, PUNJABversusANUDEEP KAUR AND ORS.
- Citation
- 1995 INSC 864
- Decided
- 8 December 1995
- Disposal
- Appeal(s) allowed
Holding
Section 23(1‑A) does not apply to the award dated 30 July 1981, and the civil court has no jurisdiction to award the additional amount.
Summary
The State Government appealed a High Court decision that had dismissed its civil revision against a civil court award of additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894. The award by the Land Acquisition Officer was dated 30 July 1981, before the amendment (Act 68 of 1984) that introduced Section 23(1‑A). The Supreme Court held that the amendment could not be applied retrospectively to an award made prior to its enactment. Consequently, the civil court lacked jurisdiction to modify the award or to grant the additional amount under the new provision. The Court found that the High Court erred in dismissing the civil revision and allowed the appeal, setting aside the additional award.
Issues considered
- Whether Section 23(1‑A) of the Land Acquisition Act, 1894, as amended by Act 68 of 1984, applies to a compensation award dated 30 July 1981.
- Whether a civil court has jurisdiction to award additional compensation under Section 23(1‑A) when the original award predates the amendment.
- Whether the High Court erred in dismissing the civil revision filed by the State Government.
Legislation cited
Subjects
Judgment
LAND ACQUISITION OFFICER, PUNJAB A
v.
ANUDEEP KAUR AND ORS.
DECEMBER 8, 1995
[K. RAMASWAMY AND B.L. HANSAR!A, JJ.] B
Land Acquisition Ac~ 1894 :
S.23( 1-A)-Acquisition of land-Compensatio1t-Award of Land Ac-
quisition Officer passed on 30.7.1981--Held-Section has no application to C
award-Civil court has no jurisdiction to award additional amount.
The State Government filed the present appeal challenging the judg-
ment of the High Court, which dismissed its civil revision against the
judgment of the civil court awarding additional amount under s.23(1-A)
of the Land Acquisition Act, 1894. D
Allowing the appeal, this Court
HELD : The award of the Land Acquisition Officer being of July 30,
1981, s.23(1-A) of the Land Acquisition Act, 1894 has no application to the
award. The civil court has no jurisdiction to award the additional amount. E
[358-A]
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 11859-60
of 1995.
From the Judgment and Order dated 22.4.93 of the Punjab &
Haryana High Court in C.R. Nos. 3373-74 of 1991. F
G.K. Bansal for the Appellaot;
Aniit Rawat, Rajesh K. Sharma and Goodwill Indeevar for the
Respondents.
G
The following Order of the Court was delivered :
Leave graoted.
•
The controversy is no longer res-integra as regards entitlement to
payment of additional amount under section 23(1-A) of the Land Acquisi- H
357
358 SUPREME COURT REPORTS (1995) SUPP. 6 S.C.R.
A tion Act, 1894, as amended by act 68 of 1984. The award of the Land
Acquisition Officer is dated July 30, 1981. Therefore, Section 23(1-A) has
no application to the award in question. Under these circumstances, the
Civil Court has no jurisdiction to amend the award and decree awarding
additional amount under Section 23(1-A). The High Court equally com-
B milted an error of law in dismissing the civil revision in that behalf.
The appeals are accordingly allowed to the above extent. No costs.
R.P. Appeals allowed.
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