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PETITIONER: K. KAMALA JAMMANNIAVARU (DEAD) BY LRS.

       Vs.

RESPONDENT: THE SPECIAL LAND ACQUISITION OFFICER AND VICE VERSA.

DATE OF JUDGMENT14/02/1985

BENCH: REDDY, O. CHINNAPPA (J) BENCH: REDDY, O. CHINNAPPA (J) MUKHARJI, SABYASACHI (J)

CITATION:  1985 AIR  576            1985 SCR  (2) 914  1985 SCC  (1) 582        1985 SCALE  (1)283  CITATOR INFO :  O          1985 SC1576  (4,5,7)  RF         1988 SC1652  (19)  F          1989 SC1933  (4,5,30,32,35)  APR        1990 SC 981  (9)

ACT:              Land  Acquisition Act,  1894, Section 23 & Lang Acquisition (Amendment Act, 1984 Section 51 (b) and 30(2).       Solatium  of ’thirty  per centum’-Entitlement  of-When arises-Awards made  after April 30, 1982 and appeals arising from such awrards.

HEADNOTE:             The Land Acquisition (Amendment) Act, 1984 by s. 15(b) amended  s. 23(2) of the Land Acquisition Act, 1894 to provide that  in sub-section (2) of section 23 for the words "fifteen per  centum’, the  words ’ thirty per centum" shall be substituted.  Section 30(2) of the Amendment Act provided that the  increased solution    was  to  be  applicable  "in relation to,  any award made by the Collector or Court or to any order  passed by  the High  Court or  Supreme  Court  in appeal against  any such  award under  the provisions of the Principal Act after the 30th day of April, 1982 (the date of introduction of the Land Acquisition (Amendment) Bill, 1982, in the  House of  the People) and before the commencement of this Act.           "The lands of the appellant-claimant were acquired pursuant  to   notifications  issued   under  s.  4(1)  Land Acquisition  Act,   1894  on   November   28,   1957   Being dissatisfied with  the  compensation  awarded  by  the  Land Acquisition Officer, Civil Judge and the High Court, appeals were filed  to this  Court for  enhancement. The State filed appeals for reduction of the compensation.              It  was contended  on behalf  of the appellant- claimant that  s. 30(2)  of the Land Acquisition (Amendment) Act, 1984  made the  amended s.  33(2) which  increased  the solatium to thirty per centum" applicable to all proceedings in regard to compensation which had not became final whether they be  pending before the Collector, Court, High Court, or Supreme Court. Dismissing the Appeals, ^

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          HELD: The Parliament did not intend and could not have intended that whatever be the date of the award however ancient it may be, solarium 915 would stand  enhanced to  ’thirty per  centum’ if  an appeal happened by  chance or  accident  to  be  pending  on  April 30,1982. It  was not  the contention of parliament to reward those who  kept alive  the  litigation  even  after  several years. If  it was  the intention  of  Parliament to make the amended s.  23(2) applicable  to all  proceeding relating to compensation wherever  they may  be pending the words "after the 30th  day of April 1982 (the date of introduction of the Land Acquisition(Amendment)  Bill, 1982  in the house of the people and  before the  commencement of this Act in s. 30(2) to have  very limited retrospectivity. it made the provision applicable  to  awards  after  April  30,  1982  and  before September 24,  1964 also  and further to appeals to the High Court as  well as  Supreme court  arising from  such  awards [917C-E]

JUDGMENT:       CIVIL  APPELLANT JURISDICTION:  Civil Appeal Nos. 2:96 of 1970, 2712 and 2714 of 1972       On  appeal by Certificate from the Judgment and Decree dated 12.3.1970 of the’ High Court of the Mysore at Banglore in M F. Appeals No 155 & 168 of 1965.       K.N. Bhat and Miss Madhumulchandani for the appellant, in C.A. No. 2196 & Respondent CAs. No. 271’-14.       K.  Rajendra Choudhary  for the  Respondent in  CA No. 2195 & Appellants in CAs. 2713-14.      The Judgment of the Court was delivered by       CHINNAPPA  REDDY, J. In respect of acquisition of land pursuant to  notifications issued  under s. 4(1) of the Land Acquisition Act  on November  28, 1957,  compensation of Rs. 5250 for  the land in S. No. 83 and compensation at the rate of Rs. 800 per acre for the land in S. No. 74 was awarded by the Land  Acquisition Officer. On a reference under s. 18 of the Land  Acquisition Act,  the  Civil  Judge  enhanced  the compensation to Rs. 18,000 for the land in S. No. 83 and Rs. 14,250 for the land in S. No. 74. The High Court, on appeal, further enhanced  the compensation  to Rs. 8000 per acre for the land  in S. No 83 and Rs. 2500- per acre for the land in S. No.  74. The  claimant has filed Civil Appeal No. 2196 of l970 to  enhance the compensation and the State of Karnataka has preferred  Civil Appeal  Nos. 2713  and 2714  of 1972 to reduce the  same. We  are unable  to find  any  question  of principle involved  in any of the appeals and accordingly we have no option but to dismiss them, 916      However, in the appeal filed by the claimant, Shri K.N. Bhat, learned  counsel, urged  that  in  view  of  the  Land Acquisition Amendment  Act, 1984,  his client is entitled to be paid  solarium of  30% of the compensation instead of the 15% to  which he  had been held entitled by the lower courts under   the unmended Act. He relied open sec. 15(b) and sec. 30(2) of  the 1984  Amendment Act which are in the following terms:-       "15. In Section 23 of the Principal Act,-       (a) ....................................       (b) in sub-section  (2) for  the  words  "fifteen  per           centum", the  words "thirty  per centum"  shall be           substituted."           ...........................................

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         ...................       "30. (1) ..............      (2)  The provisions  of sub-section  (2) of  section 23           and section  28 of the Principal Act as amended by           clause (b)  of section  15 and  section 18 of this           Act respectively, shall apply, and shall be deemed           to have  applied, also to, and in relation to, any           award made  by the  Collector or  Court or  to any           order passed by the High Court or Supreme Court in           appeal against any such award under the provisions           of the  Principal Act after the 30th day of April,           1982 (the  date   of introduction  of the     Land           Acquisition (Amendment) Bill 1982, in the House of           the People)  and before  the commencement  of this           Act,"      Shri Bhat’s  submission was  that s. 30(Z) of Amendment Act made  the amended  s. 23(2) which increased the solarium to thirty per centum applicable to all proceedings in regard to compensation  which had  not become final whether they be pending before  the Collector,  Court, High Court or Supreme Court. We  are unable  to agree with Shri Bhat’s submission. It is  worth while  remembering at this juncture that awards made by  the Collector  under s.  I l  and by  the Court  on reference under  s. 18  only are  described as awards in the Land Acquisition  Act, while further appeals are provided to the High  Court and  the Supreme Court. The new s. 23(2), of course, necessarily  applies to awards made by the Collector or Court  after the  commencement of  the Act, that is after September 9,  1984 which  was the  date  on  which  the  act received that assent of the President. 917 The Bill  which ultimately  became  the  Amendment  Act  was introduced into  Parliament on  April 30,  1982.  Parliament obviously desired to give effect to the amended s 23(2) from the date  of  introduction  of  the  Bill.  So  the  amended provision was  expressly made  applicable  by  s.  30(2)  to awards made by the Collector or Court between April 30, 1982 and September  24, 1984  also. A  natural corollary was that the new  provision should  apply to  orders made by the High Court or  by the  supreme  Court  in  appeals  against  such awards, that  is, awards  made between  April 30,  1982  and September 24,  1984. Parliament did not intend and could not have intended  that whatever  be  the  date  of  the  award, however ancient  it may be, solarium would stand enhanced to ’thirty per  centum’ if  an appeal  happened  by  chance  or accident to pending an April 30, 1982. Surely it was not the intention of  Parliament to  reward those who kept alive the litigation of  Parliament  to  make  the  amended  s.  23(2) applicable  to  all  proceedings  relating  to  compensation wherever they  be pending,  the words  after the 30th day of April 1982 (the date of introduction of the Land Acquisition Amendment Bill,  1982 in the House of the People) and before the commencement  of this  Act" in s. 30(2) and would become meaningless. It  is clear that Parliament wanted the amended s.23(2) to  have very  limited retrospectivity.  It made the provision applicable to awards made after April 30, 1982 and before September 24, 1984 also and further to appeals to the High Court as the Supreme Court arising from such awards. In this view  we see  no force  in the submission of Shri Bhat. All the appeals are dismissed. No costs. N.V.K. Appeals dismissed. 918