THE SPECIAL TEHSILDAR (LA) P.W.D. SCHEMES, VIJAYAWADA versus M.A. JABBAR

Citation: [1995] 1 S.C.R. 180 · Decided: 11-01-1995 · Supreme Court of India · Bench: K. RAMASWAMY, SUJATA V. MANOHAR · Disposal: Dismissed
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Judgment (excerpt)

A 
B 
THE SPECIAL TEHSILDAR (LA) P.W.D. SCHEMES, 
VIJAYAWADA 
v. 
M.A. JABBAR 
JANUARY 11, 1995 
[K. RAMASWAMY AND SUJATA V. MANOHAR, JJ.] 
Land Acquisition Act, 1894-Amendment Act 68/84 : 
C 
S.23(1-A)'.--Additional amount-Claimant entitled from date of publi-
cation of notification under s. 4(1) till date of award since possession taken 
before the Amending Act. 
A notification under s.4(1) of the Land Acquisition Act was publish-
ed on March 6, 1980, though possession of the land was taken on February 
D 15, 1965. The award was made by the Collector on September 30, 1983. On 
appeal, the High Court determined the compensation at Rs. 120 per sq. 
yard and awarded solatium @ 30% on enhanced compensation. 
Jn this appeal, the State contended that since possession had already 
been taken prior to the Amending Act 68 of 1984 came into force, the 
E claimant was not entitled to additional amount. 
F 
In tbe cross-appeal, the respondent-claimant contended that since 
possession was already taken and the owner was deprived of the enjoy-
ment of the land, additional amount should be paid from the date of taking 
possession since s. 23(1A) stipulated that the amount shall be payable 
from the date of the award or taking possession whichever is earlier. 
Dismissing the appeals, this Court 
HELD : 1. The claimants would be entitled to additional amount of 
G the enhanced market value at 12% per annum from the date of the 
publication of the notification under s.4(1) of the Land Acquisition Act till 
the date of the award, since possession had already been taken before the 
Amending Act has come into force. [183-D] 
2. In interpreting (sub-s.lA) of S.23, the High Court is right in 
H concluding that the claimants are entitled to the additional amount at the 
180 
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TEHSILDAR (L.A) P.W.D. SCHEMES v. M.A JABBAR 
181 
rate of U% per annum from March 6, 1980, the date of publication of the A 
> 
notification till the date of award, namely, September 30,1983. The owner 
of the land who has deprived of the enjoyment of the land by having been 
parted with possession, the Act intended that the owner be compensated 
by awarding an additional amount calculated at the rate of 12% per annum 
on the enhanced market value for the period between the date of notifica-
B 
tion and the date of award or date of taking possession of the land 
--.,.: 
whichever is earlier. Admittedly, possession having already been taken on 
February 15, 1965, before publication of the notification under s.4(1) on 
March 6, 1980 the award of additional amount for the period from March 
6, 1980 to September 30, 1983, i.e., the date of making the award under s:U 
is perfectly correct. In addition to other statutory benefits the owner also c 
is entitled to the additional amount but to give it from February 15, 1965, 
i.e. from the date of taking possession, though apparently earlier in point 
of time mentioned ins. 23 (l·A), in effect amounts to giving retrospective 
effect to Sub-s. (l·A) to s. 23 under the Amendment Act 68/84, though the 
~ ~ 
Amendment Act was prospective and the transitory provision had only D 
retro limited activity. (182-F -H, 183-A-C] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1891-92 
of 1989. 
From the Judgment and Order dated 8.9.88 of the Andhra Pradesh E 
High Court in A No. 95 of 1987. 
G. Prabhakar for the Appellant. 
,,.. 
K.R. Nagaraja for the Respondent. 
F 
The following Order of the Court was delivered : 
The short point that arises for consideration in these appeals is 
whether the claimant-respondent in C.A. No. 1891/89 would be entitled to 
the additional amount in terms of s. 23(1) of the Land Acquisition Act of G 
1894 (for short 'the Act') from the date of taking possession, namely, 
/ 
February 15, 1965. Indisputably, facts are that the notification under s. 4(1) 
-
of the Act was published on March 6, 1980, though possession of the land 
was taken on February 15, 1965. The award under s.11 was made by the 
Collector on September 30, 1983. The High Court of AP. in AS. No. 95 
of 1987 while determining the compensation at Rs. 120 per sq. yard H 
182 
SUPREME COURT REPORTS 
(1995] 1 S.C.R. 
A awarded solatium @ 30% on enhanced compensation. The additional 
amount @ 12% per annum on the market value from the date of the 
notification from March 6, 1983 till the date of award, namely, September 
30, 1983 and interest @ 9% after taking possession from 15.2.1965 till 
14.2.1966 and thereafter @ 15% till the date o
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