1995 JTR(SC) 49
1995 AIR(SC) 762 ; 1995 AIR(SCW) 526 ; 1995 1 AndhWR(SC) 47 ; 1995 1 CCC(SC) 94 ; 1995 1 CivCC 340 ; 1995 1 CurCC(SC) 94 ; 1995 2 CurLJ 39 ; 1995 1 JT 383 ; 1995 2 RRR 376 ; 1995 1 Scale 144 ; 1995 2 SCC 142 ; 1995 1 SCR 180 ; 1995 WBLR 72 ; 1995 KHC 781
SUPREME COURT OF INDIA
K. RAMASWAMY AND Mrs. SUJATA V. MANOHAR, JJ.
Special Tahsildar (LA), P.W.D. Schemes, Vijayawada, Appellant
Versus
M.A. Jabbar, Respondent.
Civil Appeals Nos. 1891-92 of 1989
Decided on 11-1-1995.
Act Referred :LAND ACQUISITION ACT : S.23(1)(a), S.30(1)
(A) Sections 23(1)(a) and 30(1) of the Land Acquisition Act of 1894, as amended by Act 68 of 1984, govern the calculation and payment of compensation where possession is taken prior to the notification of acquisition. The Act mandates that compensation includes market value plus a solatium, and where possession is taken before the notification date, an additional amount at 12% per annum is payable from the earlier of the notification or possession date up to the earlier of the date of award or actual possession. In this case, possession was taken on February 15, 1965, notification was published on March 6, 1980, and the award was made on September 30, 1983, triggering the application of the amended provisions for retrospective calculation of the additional amount from the notification date.
(B) Key legal principles include that the owner is entitled to compensation inclusive of enhanced market value, solatium, and interest; the additional amount under Section 23(1A) is calculated at 12% per annum on the enhanced market value for the period commencing from the earlier of the notification or possession date up to the earlier of the award or possession date; and the amendment Act operates retrospectively to cover cases where possession preceded notification but the award followed the amendment.
Facts of the case:
The claimant was divested of land with possession taken on February 15, 1965. The notification under Section 4(1) was published on March 6, 1980. An award under Section 11 was made by the Collector on September 30, 1983, fixing compensation at Rs. 120 per sq. yard with a 30% solatium on enhanced compensation. The dispute centered on whether the claimant was entitled to an additional 12% per annum on the market value from the date of possession or from the notification date until the award.
Findings of Court:
The court held that the claimant is entitled to the additional amount at 12% per annum on the enhanced market value from March 6, 1980 (date of notification) until September 30, 1983 (date of award), since possession had already been taken prior to the amendment Act. The court confirmed that while the amendment was prospective, it applied retrospectively to grant the additional amount from the notification date, and dismissed both the state appeal and the claimants cross-appeal.
Issues:
Whether the claimant is entitled to additional compensation under Section 23(1A) and, if so, from what date such additional amount should run when possession predates the notification but post-dates the amendment.
Ratio Decidendi:
The amendment Acts provisions apply retrospectively to award the additional 12% per annum from the earlier date of possession or notification up to the award, ensuring compensation for the period of deprivation; here, from notification date to award date.
Result:
Both appeals dismissed; no costs.
(A) Sections 23(1)(a) and 30(1) of the Land Acquisition Act of 1894, as amended by Act 68 of 1984, govern the calculation and payment of compensation where possession is taken prior to the notification of acquisition. The Act mandates that compensation includes market value plus a solatium, and where possession is taken before the notification date, an additional amount at 12% per annum is payable from the earlier of the notification or possession date up to the earlier of the date of award or actual possession. In this case, possession was taken on February 15, 1965, notification was published on March 6, 1980, and the award was made on September 30, 1983, triggering the application of the amended provisions for retrospective calculation of the additional amount from the notification date.
(B) Key legal principles include that the owner is entitled to compensation inclusive of enhanced market value, solatium, and interest; the additional amount under Section 23(1A) is calculated at 12% per annum on the enhanced market value for the period commencing from the earlier of the notification or possession date up to the earlier of the award or possession date; and the amendment Act operates retrospectively to cover cases where possession preceded notification but the award followed the amendment.
Facts of the case:
The claimant was divested of land with possession taken on February 15, 1965. The notification under Section 4(1) was published on March 6, 1980. An award under Section 11 was made by the Collector on September 30, 1983, fixing compensation at Rs. 120 per sq. yard with a 30% solatium on enhanced compensation. The dispute centered on whether the claimant was entitled to an additional 12% per annum on the market value from the date of possession or from the notification date until the award.
Findings of Court:
The court held that the claimant is entitled to the additional amount at 12% per annum on the enhanced market value from March 6, 1980 (date of notification) until September 30, 1983 (date of award), since possession had already been taken prior to the amendment Act. The court confirmed that while the amendment was prospective, it applied retrospectively to grant the additional amount from the notification date, and dismissed both the state appeal and the claimants cross-appeal.
Issues:
Whether the claimant is entitled to additional compensation under Section 23(1A) and, if so, from what date such additional amount should run when possession predates the notification but post-dates the amendment.
Ratio Decidendi:
The amendment Acts provisions apply retrospectively to award the additional 12% per annum from the earlier date of possession or notification up to the award, ensuring compensation for the period of deprivation; here, from notification date to award date.
Result:
Both appeals dismissed; no costs.
G.Prabhakar, K.R.NAGARAJA
JUDGMENT
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 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 A.P. in A.S. No. 95 of 1987 while determining the compensation at Rs. 120/- per sq. yard 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 the 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 of payment.
2. This court while granting leave confined the question of entitlement of the benefits under Amending Act 68/1984. In view of the fact that the award itself was made after the Amending Act came into force, The claimant entitled to the benefits under sub section (2) of S. 23, solatium on the enhanced market value at 30% and also interest under S. 28. The only area of dispute is whether the claimant is entitled to additional amount under S. 23(1A), and if so from what date. It is contended for the State that since possession had already been taken prior to the Amending Act 68 of 1984 has come into force, the claimant is not entitled to the additional amount. On the other hand it is contended for the claimant that since possession was already taken and the owner was deprived of the enjoyment of the land, additional amount should be paid from the date of taking possession since it was stated under S. 23(1A) that the amount shall be payable from the date of the award or taking possession, whichever is earlier. Since possession was taken earlier, the claimants are entitled to the additional amount @ 12% per annum from the date of taking possession, namely, February 15, 1965.
3. On a true interpretation of sub-section (1A) of S. 23, we are of the considered view that the High Court is right in concluding that the claimants are entitled to the additional amount at the rate of 12% per annum from March 6, 1980, the date of publication of the notification till the date of award, namely, September 30, 1983. Sub-section (1-A) of S. 23 adumbrates that "in addition to the market value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market-value for the period commencing on and from the date of the publication of the notification under S. 4(1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier". In other words, the owner of the land who has been 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 centum per annum on the enhanced market value for the period between the date of notification 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. 11 is perfectly correct. In addition to other statutory benefits, the owner also is entitled to the additional amount but to given award additional amount from February 15, 1965, i.e. from the date of taking possession, though apparently earlier in point of time mentioned in S. 23(1-A), in effect it amounts to giving retrospective effect to sub-section (1-A) to S. 23 under the Amendment Act 68/84. Even though the Amendment Act was prospective and the transitory provision had only retro limited activity.
4. Therefore, we hold that the claimants would be entitled to additional amount of the enhanced market value of 12% per annum from the date of the publication of the notification under S. 4(1) till the date of the award, since possession had already been taken before the Amending Act has come into force. Both the appeal by the State and cross appeal by the claimant are accordingly dismissed. No costs.
Appeals dismissed.
For Citation: AIR 1995 SC 762