SIDDAPPA VASAPPA KURI AND ANR. versus SPECIAL LAND ACQUISITION OFFICER AND ANR.

Citation: [2001] SUPP. 4 S.C.R. 236 · Decided: 16-10-2001 · Supreme Court of India · Bench: S.P. BHARUCHA · Disposal: Dismissed
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Judgment (excerpt)

A 
SIDDAPPA VASAPPA KURI AND ANR. 
v. 
SPECIAL LAND ACQUISITION OFFICER AND ANR. 
OCTOBER 16, 2001 
B 
[S.P. BHARUCHA, Y.K. SABHARWAL AND BRIJESH KUMAR, JJ.] 
c 
Land Acquisition Act, 1894 : Section 23(JA). 
Additional compensation-Entitlement to-Starting point for calculation 
is date ~f publication ~f Not!fication under Section 4 -'-Temiinal point is either 
date of award or date of taking possession whichever is earlier-Possession ~f 
land taken prior to publication of Notification under Section 4-That terminal 
is not available-Only available terminal is date of award. 
In land acquisition proceedings initiated under the Land Acquisition 
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Act, 1894 the possession of the land belonging to the appellants was taken 
prior to the publication of the Notification under Section 4. The executing 
court granted to the appellants additional compensation of the land under 
Section 23(1A) from the date on which possession of the land was taken, 
namely, 1st June, 1977 to the date on which the Section 4 Notification was 
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issued, namely, 8th March, 1991. In Revision the High Court took the view 
that the appellants were entitled to the additional compensation from the 
date of the Section 4 Notification, namely, 8th March, 1991, to the date of 
award, namely, 6th February, 1992. Against the order of the High Court 
this appeal has been preferred. 
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Dismissing the appeal, the Court 
HELD : 1. It is clear from Section 23(1A) of the Land Acquisition Act, 
1894 that the starting point for the purposes of calculating the amount to be 
awarded thereunder, at the rate ~f 12 per centum per annum on the market 
value, is the date of publication of the Section 4 Notification. The terminal 
point for the purpose is either the date of the award or the date of taking 
possession whichever is earlier. In the present case, possession of the land 
having been taken prior to the publication of the Section 4 Notification, that 
terminal is not available. The only available terminal is the date of the award. 
The High Court, therefore, was in no error in holding that the appellants 
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SIDDAPPA VASAPPA KUR! v. SPECIAL LAND ACQUISITTON OFFICER [BHARUCHA, J.] 237 
were entitled to the additional compensation under Section 23(1A) for the 
period 8th March, 1991to6th February, 1993. [239-F-G] 
2. It is only where a provision is ambiguous that a construction that 
leads to a result that is more just can be adopted. Having regard to its clear 
terms, Section 23(1A) must receive the only construction it can bear. [240·A] 
Special Tahsildar (LA), P.W.D. Schemes Vijayawada v. M.A. Jabbar, 
[1995] 2 sec 142, reiterated. 
A 
B 
Asstt.Comm., Gadag Sub-Division, Gadag v. Mathapathi Basavannewwa, 
[1995] 6 SCC 355 and State of H.P. v. Dharam Das, [1995] 5 SCC 683, 
C 
overruled. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1687 < ·' 1 n· 
From the Judgment and Order dated 16.7.97 of the Karnataka Hi,Qh 
Court in C.R.P. No. 1373of1997. 
S.K. Kulkarni for Ms. Sangeeta Kumar for the Appellants. 
Sanjay R. Hegde for the Respondents. 
The Judgment of the Court was delivered by 
BHARUCHA, J. This appeal has been referred to a bench of three 
Judges by reason of the contrary views taken by two banches of two learned 
Judges in Special Tahsilar(LA), P. W.D. Schemes, Vijayawada, v. M.A. Jabbar, 
[1995] 2 SCC 142 on the one hand and in Asstt. Commr., Gadag Sub-Division, 
Gadag v. Mathapathi Basavannewwa, [1995] 6 SCC 355 on the other. (The 
referral order also makes a reference to State of H.P. v. Dharam Das, [1995] 
5 sec 683, but no reasoning can be discerned therein.) 
We are required to consider the provisions of Section 23 (lA) of the 
Land Acquisition Act, 1894 in the context of the following facts : Possession 
of land bearing Survey No. 31113, admeasuring 2 acres and 16 guntas, situated 
at Village Hirenandi, Gokak Taluk, Belgaum District, Karnataka was taken by 
the respondents from the appellants, who were the owners thereof, on 1st June,. 
1977 for the purposes of the construction of an irrigation channel. On 8th 
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238 
SUPREME COURT REPORTS 
[2001] SUPP. 4 S.C.R. 
March, 1991, a notification was issued under Section 4( 1) of the Act in relation 
to the said land .. It was followed by a notification under Section 6. The 
provisions of Section 17 were thereafter applied. On 6th February, 1993, an 
· award was made and compensation was awarded to the appellants at the rate 
of Rs. 10,000 per acre. on a ref
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