A
STATE OF MAHARASHTRA
v.
MARUTI LAXMAN
APRIL 15, 1996
B
[K. RAMASWAMY AND G.B. PATTANAlK, .JJ.]
Land Acquisition Act, 1894:
Sections 23(2), 28 and 23(1-Aj-Award of enhanced benefits under the
provisions of the Amendment Act 68 of 1984---Held, award made long before
C the date of Introduction of the Amendment Act 68 of 1984--Hence claimants
not entitled to the enhanced benefits-Since claimants did not file appeal for
further enhancement, High Cowt had no jurisdiction to award the same.
CIVIL APPELLATE JURISDICTION : Civil appeal No. 7490 of
D 1996.
E
F
From the Judgment and Order dated 16.7.86 of the Bombay High
Court in F.A. No. 647 of 1977.
D.M. Nargolkar for the Appellants.
The following Order of the Court was delivered :
Though notice was served on the respondent, on one appears on
behalf of him.
Leave granted. We have heard learned counsel for the appellant.
Notification nnder Section 4(1) of the Land Acquisition Act, 1894
(for short, the 'Act') was published on July 31, 1969. The Land Acquisition
officer made his award on October 12, 1972 awarding compensation 0) Rs.
1,000 per acre. On reference, the civil Court enhanced the compensation
G to Rs. 2,000 per acre by award and decree dated February 18, 1977. The
High Court while dismissing the State appeal on July 16, 1986 has awarded
the enhanced benefits under the Amendment Act 68 of 1984. Thus this
appeal by special leave.
This appeal is only in respect of awarding of enhanced benefits under
H Sections 23(2), 28 and 23 (1-A) of the Act. In view of the settled legal
324
'
STATE v. MARUTI LAXMAN
325
position that the award of the civil Court was made long before the date A
of the· introduction of the Amendment Act 68 of 1984, the claimant is not
entitled to the enhanced benefits. That apart, it is also settled legal position
that the High Court, while dismissing the appellant's appeal, had no
jurisdiction to award the additional benefits since the claimants did not file
any appeal for further enhancement. Therefore, in the absence of any
additional compensation being awarded, the High Court has no jurisdiction
to award the benefits under the provisions of the Amendment Act 68 of
1984.
B
The appeal is accordingly allowed. The order of the High Court
awarding solatium, interest and additional amount under Section 23(2), 28
C
and 23 (1-A) stands set aside. No costs.
G.N.
Appeal allowed.
Lex