JT 1995(7) SC 655 UOI Vs Rangila Ram (Dead) by LRs

Land Acquisition Act, 1894 : Sections 23(2) and 28-Proviso (As introduced by Amendment Act 68 of 1984)

 
Land Acquisition-Compensation as per existing law-Amendment of Act 1894 Insertion of provisions for additional benefits of solatium and interest-
Grant of such benefits after coming into force of Amendment Act-Held not permissible.
 
Code of Civil Procedure, 1908 : Sections 151 and 152.
 
Award for land compensation as per existing law-Finality-Benefits introduced by Land Acquisition Amendment Act, 1984-Held sections 151 and
152 cannot be invoked to award-Such benefits.
 
In these land acquisition proceedings certain lands were acquired for defence purposes. The compensation award was made as per law then in force
and it attained finality. Subsequent to the amendments introduced to the Land Acquisition Act, 1894 by Amendment Act 68 of 1984, the land-owners
filed an application before the High Court under sections 151 and 152 of Code of Civil Procedure, 1908 for amendment of the decree seeking
additional benefits of solatium and interest under section 23(2) and proviso to section 28 as introduced by the 1984 Amendment Act. The High
Court allowed the application against which Union of India preferred an appeal before this Court.
File: 
Date of Letter / Judgment: 
1995-08-28