LAND ACQUISITION OFFICER, PUNJAB v. ANUDEEP KAUR AND ORS.

vidhipandit.com/case/sc-s-1995-6-357-358

Judgment · Supreme Court of India · decided (year only)

[1995] Supp. 6 S.C.R. 357

Headnote — Supreme Court Reports (editorial summary, not part of the judgment)

S.23( 1-A)-Acquisition of land-Compensatio1t-Award of Land Ac- quisition Officer passed on 30.7.1981--

Held

Section has no application to C award-Civil court has no jurisdiction to award additional amount.

Held

The award of the Land Acquisition Officer being of July 30, 1981, s.23(1-A) of the Land Acquisition Act, 1894 has no application to the award. The civil court has no jurisdiction to award the additional amount. E [358-A] CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 11859-60 of 1995.

Reporter's headnote (continued) and case details

DECEMBER 8, 1995

[K. RAMASWAMY AND B.L. HANSAR!A, JJ.] B

Land Acquisition Ac~ 1894 :

The State Government filed the present appeal challenging the judg- ment of the High Court, which dismissed its civil revision against the judgment of the civil court awarding additional amount under s.23(1-A) of the Land Acquisition Act, 1894. D Allowing the appeal, this Court

From the Judgment and Order dated 22.4.93 of the Punjab & Haryana High Court in C.R. Nos. 3373-74 of 1991. F

G.K. Bansal for the Appellaot;

Aniit Rawat, Rajesh K. Sharma and Goodwill Indeevar for the Respondents. G

Judgment

The following Order of the Court was delivered :

Leave graoted. • The controversy is no longer res-integra as regards entitlement to payment of additional amount under section 23(1-A) of the Land Acquisi- H 357

p. 358

A tion Act, 1894, as amended by act 68 of 1984. The award of the Land Acquisition Officer is dated July 30, 1981. Therefore, Section 23(1-A) has no application to the award in question. Under these circumstances, the Civil Court has no jurisdiction to amend the award and decree awarding additional amount under Section 23(1-A). The High Court equally com- B milted an error of law in dismissing the civil revision in that behalf.

The appeals are accordingly allowed to the above extent. No costs.

R.P. Appeals allowed.

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