- Court
- Supreme Court of India
- Decided
- 8 December 1995
- Bench
- K. Ramaswamy, B. L. Hansaria
- Result
- Appeals allowed.
Headnote
Land Acquisition Ac~ 1894 :
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 award-Civil court has no jurisdiction to award additional amount.
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.
Allowing the appeal, this Court 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. [358-A]
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
• 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-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-milted an error of law in dismissing the civil revision in that behalf.
The appeals are accordingly allowed to the above extent. No costs.
Case details
Arising from
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 11859-60 of 1995.
From the Judgment and Order dated 22.4.93 of the Punjab & Haryana High Court in C.R. Nos. 3373-74 of 1991.
G.K. Bansal for the Appellaot;
Aniit Rawat, Rajesh K. Sharma and Goodwill Indeevar for the Respondents.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.