LexK. KAMALA JAMMANNIAVARU (DEAD) BY LRS. versus THE SPECIAL LAND ACQUISITION OFFICER AND VICE VERSA.
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A B c 914 K. KAMALA JAMMANNIAVARU (DEAD) BY LRS. v. THE SPECIAL LAND ACQUISITION OFFICER AND VICE VERSA. February 14, 1985 [0. CHINNAPPA REDDY AND SABY ASACHI MUi.HARJI, JJ.) Land Acquisition A.ct, 1894, Sect!on 23 & Lani Acquisition (Ani~ndrnentl Act, 1984 Sections 15 (b) and 30(2). Solatium of ithirty per centu111'-Er:tltlement of-When arises-Awa~ds l, ' made after April 30, 1982 and appeals arising from SUt..h awards. "- ... D E The Land Acquisition (Amendment) Act, 1984 by'· IS(b) amended s. 23(2) of the Land Acquisition Act, 1894 to provide that in sub-section (2) of section 23 for the words Hfifteen per centum'', the words "thirty per ccnturnu shall be substituted. Sectio:1 ~0(2) of the Amendment Act p:ovided that the increased solatium was to be applicJble "in relation to 1 any award made by the Collector or Court or to any order p1ssed by the High Court or Supreme Court in appeal against any such award under tbe provisions of the Principal Act after the 30th day of April, 1982 (the date of introduction of the Land Acquisition (An1endment) Bill, 1982, ia th~ House of the People) and before tho commencement of this Act/' The lands of the appellant-claimant were acquired pursuant to noti- fications issued under s. 4(1) Land Acquisilion ActJ 1894 on November 28, 1951. Being dissatisfied with the compensation awarded by the Land Acquisition Officer, Civil Judge and lhc High Court, appeals were filed to this Court for enhancement. The State filed appeals for reduction of F the compensation. G It was contended on behJ If of the appellant-claimant that s. 30(2) of the Land Acquisition (Amendment) Act, 1984 made the amended s. 3 3(2) which increased the solatium to "thirty per centumH applicable to all proceedings in regard to compensation which had not beccme fi11..:1.l whether they b~ pending before the Collector, Court, High CourtJ or Supreme Court. Dismis..;ing the Appeals, HELD : The Parliament did not intend and could not have intended ff that v.-hatevcr be the date of th(! awari;j h0weyer ancient it m11.y be~ solatiym ·,.(- K. K. JAMMANNIAVARU \'.LAND ACQ~. OFFICER (Chinnappa Reddy, J.) 915 would sta11d enhanced to 'thirty per cen1um' if an appeal happene::d by chance or &ccid.::ot to b:: pe11dina: on April 30, 198~. [t was not the contention or Parlitiment to rewa1d those who kept alive the Ji1ir:1tion even after sev~ral years. If it wa!l the intenti0n of P .rliarnent to make the amended s. 23(2) applicable to all proceediac, rclatin1 to compensation \\.herevcr they may be pending, tho word' ''after the 30th d.,y of April 1982 (the dnte of introduction of the Land A.;,:quisitio11 (Am:ndrnent) Bill, 1982 in the H<:.use of the People) and before the comn1·!ncen1ent of this Act" in s. 30(2) would b~comJ meaningless. It is clear th:.1.t l' rliament WJnted the amended s. 23(?) to have very limited rctro~pcctiviiy. It made the provi- s·on applicable to awards made after April 30 1 1982 and berore September 24, 191..4 also and further to app.:a1s to the High Court as well i'lS Supreme Crnrt ari•ing from such award•. [917C·E] CIVIL APPELLATE JURISDICTION: Civil Appeal N0s. 2:96 of 1970, & 2712 and 2714 of 1972 On appeal by Certificate from the Judgment and Decree dated 12.3.1970 of tho High Court of the Mysore at Bangalore in MF. Appeals No. 155 & 168 of 1965. K.N. Bhat and Miss Madhumulchandani for the appellant, in C.A. No. 2196 & Respondent CAs. No. 2713-14. K. Rajendra Choudhary for the Respondent in CA No. 2196 & Appellants in CAs. 2713-14. The Judgment of the Court was deliv<red by CHINN AP PA REDDY, J. In respect of acquisition of land pur- suant to notifications issued under s. 4( l) of the Land Acquisition Act on November 28, 1957, compensation of Rs. 5250 for the land in S. No. 83 and compensation at the rate of Rs. 800 per acre for the land in S. No. 74 was awarded by the Land Acquisition Officer. On a reference under s. 18 of the Land Acquisition Act, the Civil Judge enhanced the comensation to Rs. 1\000 for the land in S. No. 83 and Rs. 14,250 for the fond in S. No. ~4. The High Court, on appeal, further enhanced the compensation to Rs. 8000 per acre for the land in S. No. 83 and Rs. 2500/- per acre for the land in S. No. 74. The claimant has filed Civil Appeal No. 2196 of 19'0 to enhance the compensation and the State of Karnataka has perferred Civil Appoal Nos. 2713 and 2714 of 1972 to reduce the rnme. We are
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