LexK.S. PARIPOORNAN versus STATE OF KERALA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B K.S. PARIPOORNAN v STATE OF KERALA AND ORS. OCTOBER 20, 1994 [K, RAMASWAMY, S.P. BHARUCHA AND M.K. MUKHERJEE, JJ.] Land Acquisition (Amendment) Act, 68 of 1984-Sections 28 and 23( J- C A)-Enhanced interest u/s 28-Claim of-Award of Collector-Civil Court enhancing compensation-Whether claimants entitled to the enhanced interest u/s 28 as amen/Jed u/s 18 of Amendment AcHfeld, yes-Award of enhanced interest @9% from the date of taking possession for one year and thereafter @15% till date of deposit made by Collector-Held: Claimant not entitled to additional compensation u/s 23 (1-A) as Collector made award prior to the D date of Amendment Act came into force. Notification u/s 3(1) of the Kerala Land Acquisition Act, 1961 was published on March 21, 1979. The Collector u/s 11 thereof, passed his award on December 30, 1980. Thereafter, possession of some land was taken on January 15, 1991 and the balance land on March 13, 1981. The E compensation was deposited on Angust 10, 1981. On a reference u/s 18 the Civil Court enhanced the compensation at Rs. 5,000 per cent in its award and decree djited February 28, 1985. The enhanced compensation was deposited on October 20, 1986 and December 3, 1986 respectively. The High Court on appeal, while confirming the enhanced compensation granted by F the Civil Co11rt disallowed interest u/ss 28 and 23(1-A) of the Land Acqnisltion (Amendment) 68 of 1984. The Amendment Act which came into force on September 24, repealed the Kerala Act and Central Act 1 of 1984 became applicable as amended by the Amendment Act. The High Court, relying upon sub-section (2) of Section 30 of the transitory provision of the G Amendment Act held that since the award was made prior to the Amend- ment Act had, come into force, the appellant was entitled to the interest u/s 30 of the Kerala Act @ 4%. These appeals were filed against the jndgment of the High Court. Opposing the claim, the State relied on Union of India v. Raghubir H Singh, (1989) 2 SCC 754, and claimed that if the award had beeu made 696 K.S. PARIPOORNANv. STATE 697 between April 30, 1982 and September 24, 1984, the claimant would be A entitled to the benefit of tht enhanced solatium uuder Section 23 (2) of the Principal Aci. It was alleged that on the parity of the ratio therein by operation of sub-section (2) of the Section 30 of the Transitory provision of the Amendment Act which included Section 28 also, the appellant was not entitled to the enhanced interest under the amended Section 28 of the B Principal Act. Partly allowing the appeals, this Court HELD : 1.1. The award of the Collector or the Court !Jlade between April 30, 1982 and September 24, 1984 would alone get attracted to Section C 30(2) of the transitory provision of Land Acquisition (Amendment) Act, 68 of 1984. The restricted interpretation would not be understood to mean that section 23(2) of the Principal Act would not apply to the awarded decree of the Civil Conrt pending at the time when the Act came into force or thereafter. In this case, admittedly the award of the Civil Court was D after the Act has come into force, namely Feb. 28, 1985. [700-C, E] 1.2. Therefore, if the sum which, in the opinion of Court, the Collec- tor ought to have awarded as compensation is in e~cess of the sum which the Collector did award as compensation, the Court shall direct to pay interest on such excess @ 9% per annum from the date on which the E Collector took possession of the land to the date of payment of such excess into the Court. By operation of the proviso if such excess or any part thereof is paid into the Court after the date of expiry of a period of one year from the date on which compensation is taken, interest @ 15% per annum shall be payable from the date of expiry of the said period of one F year on the amount of such excess or part thereof which has not been paid into the Court before the date of such expiry. Accordingly, the appellant is entitled to the enhanced interest @ 9% from the date of taking posses- sion, namely January 15, 1981 and March 11, 1981 respectively, for one year @ 9% and thereafter @ 15% till the date of the deposit made by the Collector. Admittedly, the deposit of the enhanced compensation was made G on October 20, 1986 and December 3, 1986. Therefore, the interest shall be calculated at the .enhanced rate for the aforesaid record. [700-F-H, 701-A] Union of India and another v. Raghubir (d
Excerpt shown. Read the full judgment & AI analysis in Lexace.