Union Of India Vs. B.V.Saroja On 13 January, 1995

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Union Of India v. B.v.saroja

Union Of India
v.
B.v.saroja

(Supreme Court Of India)

Review Petition No. 41 Of 1993 In Civil Appeal No. 887 Of 1995 | 13-01-1995

K. Ramaswamy and A.S. Anand, JJ.

The notification under Section 4(1) of the Land Acquisition Act was published on March 30, 1972. The award was made by the Land Acquisition Collector on September 15, 1976 and the possession was taken on October 15, 1976. The point raised now is covered by the judgment of the Constitution Bench in K.S. Paripoornam v. State of Kerala reported in 1994(5) SCC 593. In view of these facts, the respondents are not entitled to the payment of the additional amount as contemplated under Section 23(1-A) of the Land Acquisition Act as amended by Amendment Act 68/84. As a consequence, the claimants are not entitled to the above benefit. The Review Petition is ordered.

2. Leave granted in S.L.P. The appeal is allowed only to the above extent. The award of the Courts below are accordingly modified. No costs.

Appeal allowed.

Advocates List

FOR

Bench List

HON'BLE MR. JUSTICE K. RAMASWAMY

HON'BLE MR. JUSTICE A.S. ANAND

Eq Citation

(1995) 2 SCC 451

[1995] 1 SCR 250

1995 (1) SCALE 309

LQ/SC/1995/66

HeadNote

A. Land Acquisition Act, 1894 — S. 231-A — Payment of additional amount under S. 231-A — Entitlement to — Notification under S. 41 published on 30-3-1972, award made on 15-9-1976 and possession taken on 15-10-1976 — Point raised covered by judgment of Constitution Bench in KS Paripoornam, (1994) 5 SCC 593 — Held, in view of these facts, respondents not entitled to payment of additional amount as contemplated under S. 231-A as amended by Amendment Act 6884 — As a consequence, claimants not entitled to above benefit — Appeal allowed (Paras 1 and 2)