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Judgment
The petitioner is aggrieved by the order dated 24-10-1994 passed by the Principal District Judge, Dharwad in Miscellaneous Appeal No. 261 of 1990. By the said order the learned Dist :ct Judge, held that the claimants-respondents 1(a), (b) and (c) are not only entitled to all the benefits under the Provisions of the Land Acquisition Act but also would be entitled to 12 per centum per annum on the market value of the land acquired for the period commencing on and from the date of the publication of notice u/s 4(1) to the date of the award of the Collector or to the date of taking possession of the land, whichever is earlier as per Section 23(1-A). The learned Appellate Judge held that this was omitted by the Trial Court while passing the award,
The short question that arises for consideration is whether any award that is passed by the Land Acquisition Officer before 30th of April, 1982 the claimants would be entitled to the benefit u/s 23(1-A) of the Land Acquisition Act?
Section 30 of the Amended Act, 1984 (Act No. 68 of 1984) reads as follows:
"30. Transitional provisions.--(1) The provisions of sub-section (1-A) of Section 23 of the Principal Act, as inserted by clause (a) of Section 15 of this Act, shall apply, and shall be deemed to have applied, also to, and in relation to.-
(a) every proceeding for the acquisition of any land under the Principal Act pending on the 30th day of April, 1982 (the date of introduction of the Land Acquisition (Amendment) Bill, 1982, in the House of the people), in which no award has been made by the Collector before that date;
(b) every proceeding for the acquisition of any land under the Principal Act commenced after that date, whether or not an award has been made by the Collector before the date of commencement of this Act".
The Supreme Court in the case of K.S. Paripoornan Vs. State of Kerala and Others, , after referring to Section 30, held that tbe awards passed prior to 30th of April, 1982 would not be entitled to the benefits u/s 23(1-A) of the Act.
In this case the award was passed on 16-8-1977 much before the cut off date of 30th of April, 1982.
In that view of the matter the order or award dated 24-10-1994 passed in Miscellaneous Appeal No. 261 of 1990 on the file of the Principal District Judge, Dharwad is set aside only insofar as accrued benefits u/s 23(1-A) of the award. In all other respects the award is confirmed.
The civil revision petition is allowed. No costs.