LAND ACQUISITION OFFICER, PUNJAB versus ANUDEEP KAUR AND ORS. on 8 December 1995

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

A

DECEMBER 8, 1995

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

B

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 C 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.

D

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. E [358-A]

CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 11859-60 of 1995.

From the Judgment and Order dated 22.4.93 of the Punjab & F 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.

G

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

SUPREME COURT REPORTS (1995) SUPP. 6 S.C.R.

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.