Union of India vs Bhajan Singh

Dr. Bharat Bhushan Parsoon, J.—This Regular First Appeal by the appellant is directed against the order dated 03.06.1989 rendered by Sh. G.S. Khurana, the then Additional District Judge, Gurdaspur, whereby application dated 14.11.1986 preferred by the land-owner for amendment of the Award rendered earlier by Sh. T.S. Cheema, the then learned District Judge, Gurdaspur on 26.08.1983 in respect of acquisition by Government of India in the revenue estate of village Jandwal, Tehsil Pathankot, the then District Gurdaspur was allowed.

Vide the impugned order, the Court had amended the Award dated 26.08.1983, allowing the applicant-land owner solatium and interest as per the amended Section 23(2) and 28 respectively of the Land Acquisition Act, 1894 (hereinafter to be referred as the ''Act'').

By way of this appeal, main plea of the appellant is that calculation of enhancement of solatium @ 30% as per Section 23(2) of the Act is not payable for the land and properties acquired earlier to 30.04.1982. It is claimed that in the instant case Award of the Collector is dated 09.04.1980 and thus neither the provisions of Section 23(2) nor of Section 28 of the Act after the amendment are applicable.

It is also claimed that payment of 9% and 15% interest should have been awarded only if the excess payment was not made within one year from the order of the Court and not from the date of taking over the possession.

There is no representation from the respondent-land owner.

Hearing has been provided to the counsel for the appellant.

Land of Bhajan Singh is located in the revenue estate of village Jandwal, then falling in Tehsil Pathankot (now a separate District), then falling in District Gurdaspur. There was structure as well, on the land. Since, it was a matter of compulsory acquisition of land, after announcement of the Award by the Land Acquisition Collector (hereinafter mentioned as the ''Collector''), the application of the land owner for enhancement was decided as a reference u/s 18 of the Act, vide an Award dated 26.08.1983 passed by Sh. T.S. Cheema, the then learned District Judge, Gurdaspur, whereby, enhancement over the compensation awarded by the Collector was made. The claimant had also been held to be entitled to solatium and interest @ 15% and @ 6% per annum respectively, on the enhanced amount of the acquired structure by the Collector upto the date of payment.

Pursuant to an application made on 14.11.1986 by the land owner for modification of the Award in terms of amendments brought in the Act (w.e.f. 24.09.1984 vide Act No. 68 of 1984 taking the cut off date as 30.04.1982), it was held that the amended Act was applicable.

The only dispute in the present appeal is as to whether the date of announcement of Award rendered by the Reference Court or the date of Award rendered by the Collector is to be taken into consideration for applicability of the Amended Act of 1984.

Amended Act, 1984 is a beneficial legislation, restrictive meaning cannot be given to it. Once the cut off date is fixed as 30.04.1982 and Award by the Reference Court had been rendered thereafter, i.e. on 26.08.1983, merely because the Collector had rendered the Award earlier to that i.e. on 09.04.1980, the benefits could not have been denied to the respondent-landowner.

Even otherwise, Award of the Collector having been questioned for modification by way of enhancement of compensation, vide reference u/s 18 of the Act loses its individual standing and distinct existence, as it then merges in the Award of the Reference Court. Since the Award of the Reference Court modifying the Award of the Collector was rendered after the cut off date of 30.04.1982, the Reference Court was right in giving benefit of the amended provisions of Sections 23(2) & 28 of the Act, to the land owner. Operative portion of the amendment made in the Award of 26.08.1983 of the Reference Court vide the impugned order of 03.06.1989, for ready reference is reproduced as below:-

The provision of sub-section 28 of the Principal Act as amended by clause (b) of section 15 and section 18 of this Act respectively shall apply, and shall be deemed to have applied, also to, and in relation to, any Award made by the Collector or Court or to any order passed by the High Court or Supreme Court in appeal against any such Award under the provisions of the principal Act after the 30th day of April, 1982, the date of introduction of the Land Acquisition (Amendment) Bill, 1982, in the House of the People) and before the commencement of this Act.

Even when the provisions of the Amended Act, 1984 incorporating Section 30(2) are perused, it is clear that the provisions of Section 28 of the Principal Act as amended by clause (b) of section 15 and section 18 of this Act make it retrospective in operation and inter-alia cover even Award rendered by a Reference Court.

Sequelly, claim put forth by the appellant is not tenable in view of the provisions of the Amended Act, 1984.

There is no merit in the appeal, the same is hence dismissed.