UNION OF INDIAversusB.V. SAROJA AND ANR.

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A                                UNION OF INDIA
                                        v.                                             )/.,   ......
                              B.V. SAROJA AND ANR.

                                 JANUARY 13, 1995
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B                 [K. RAMASWAMY AND DR. A.S. ANAND, JJ.]

         Land Acquisition Act, 1894-Amendment Act 68184-Section 23(1-A)
     -No entitlement to payment of additional amount.

C.        Practice and Procedure-Review allowed in view of the Constitution
     Bench judgment.

          After publication of the award in 1976, upon notification u/s. 4(1) of
     the Land Acquisition Act the respondents sought payment of additional
     amount upder Section 23(1-A) of the Amendment Act 68/84.
D
             Allowing the appeal, this Court                                           -< -


           HELD : The respondents are not entitled to the payment of the
     additional amount as contemplated under Section 23(1-A) of Land Ac·
     quisition Act as amended by Amendment Act 68/84 in view of the Constitu·
E    tion Bench judgment. [251 ·C)

             KS. Paripooran v. State of Kerala, [1994) 5 SCC 593, applied.

             CIVIL APPELLATE JURISDICTION: Review Petition No. 41 of
     1993.                                                                             y        •
F
                                             IN

             Civil Appeal No. 887 of 1995.

G         From the Judgment and Order dated 15.9.89 of the Karnataka High
     Court in M.F.A. No. 2814 of 1985.
                                                                                         ~
          AS. Nambiar, Ms. B. Sunita Rao, Ms. Sushma Suri and Ms. Anil
     Katiyar for the Petitioner/Appellant.

H            P. Mahale for the Respondents.
                                        250
                         U.0.1. v. B.V. SAROJA                        251

       The following Order of the Court was delivered :                      A
      The notification under Sectioin 4(1) of the Land Acquisition Act was
published on March 30, 1972. The award was made by the Land Acquisi-
tion Collector on September 15, 1976 and the possession was taken on
October 15, 1976. The point raised now is covered by the judgment of the
Constitution Bench in KS. Palipooman v. State of Kera/a, reported in         B
(1994] 5 SCC 593. In view of these facts, the respondents are not entitled
to the payment of the additional amount as contemplated under section
23(1-A) of the Land Acquisition Act as amended by Amendment Act
68/84. As a consequence, the claimants are not entitled to the above
benefit. The Review Petition is ordered.
                                                                             c
      Leave granted in S.L.P. The appeal is allowed only to the above
extent. The award of the Courts below are accordingly modified. No costs.

A.G.                                                      Appeal allowed.