STATE OF KERALA versus M.M. ABDUL KHADER on 15 December 1995

A

STATE OF KERALA

v.

M.M. ABDUL KHADER

DECEMBER 15, 1995

B [K. RAMASWAMY AND B.L. HANSARIA, JJ.]

Land Acquisition Act, 1894.

S. 23(1-Aj-Award of Collector being dated 21.4.1980-Claimants nor C entitled ro benefits under the section.

The State Government filed appeal against the jndgment of the High Court allowing the claimants, the benefits of s. 23(1-A) of Land Acquisition Act, 1894.

D Allowing the appeal, this Court

HELD : Since the award of the Collector is of April, 21, 1980, the claimants are not entitled to the additional amount under s. 23 (l·A) of the Land Acquisition Act, 1894. [785-C]

E CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12120 of 1995.

From the Judgment and Order dated 28.1.93 of the Kerala High Court in L.A.A. No. 244 of 1988.

F

M.T. George for the Appellants.

N. Sudahakaran for the Respondents.

The following Order of the Court was delivered :

G Leave granted.

The only controversy is as regards the entitlement of the respondents to the additional amount under Section 23(1-A) of the Land Acquisition Act, 1894. Since the award of the Collector is of June 4, 1979, the claimants are not entitled to the additional amount under Section 23(1-A) of the said H Act.

The appeal is accordingly allowed to the above extent. The Order of A the High Court is set aside. No costs.

CA. No. 12121 of 1995

Leave granted.

B The only controversy with which we are concerned in this appeal is as regards the entitlement of the respondents to the additional amount under Section 23(1-A) of the Land Acquisition Ac~ 1894. Since the award of the Collector is of April 21, 1980, the claimants are not entitled to the additional amount under Section 23(1-A) of the said Act.

c

The appeal is accordingly allowed to the above extent. The order of the High Court is set aside. No costs.

R.P.

Appeals allowed.