A
STATE OF KERALA
v.
M.M. ABDUL KHADER
DECEMBER 15, 1995
B
[K. RAMASWAMY AND B.L. HANSARIA, JJ.]
Land Acquisition Act, 1894.
S. 23(1-Aj-Award of Collector being dated 21.4.1980-Claimants nor
C entitled ro benefits under the section.
The State Government filed appeal against the jndgment of the High
Court allowing the claimants, the benefits of s. 23(1-A) of Land Acquisition
Act, 1894.
D
Allowing the appeal, this Court
HELD : Since the award of the Collector is of April, 21, 1980, the
claimants are not entitled to the additional amount under s. 23 (l·A) of
the Land Acquisition Act, 1894. [785-C]
E
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12120 of
1995.
From the Judgment and Order dated 28.1.93 of the Kerala High
Court in L.A.A. No. 244 of 1988.
F
M.T. George for the Appellants.
N. Sudahakaran for the Respondents.
The following Order of the Court was delivered :
G
Leave granted.
The only controversy is as regards the entitlement of the respondents
to the additional amount under Section 23(1-A) of the Land Acquisition
Act, 1894. Since the award of the Collector is of June 4, 1979, the claimants
are not entitled to the additional amount under Section 23(1-A) of the said
H Act.
784
STATEv. M.M.ABDULKHADER
785
The appeal is accordingly allowed to the above extent. The Order of A
the High Court is set aside. No costs.
CA. No. 12121 of 1995
Leave granted.
The only controversy with which we are concerned in this appeal is
as regards the entitlement of the respondents to the additional amount
under Section 23(1-A) of the Land Acquisition Ac~ 1894. Since the award
of the Collector is of April 21, 1980, the claimants are not entitled to the
additional amount under Section 23(1-A) of the said Act.
The appeal is accordingly allowed to the above extent. The order of
the High Court is set aside. No costs.
R.P.
Appeals allowed.
B
c
Lex