Supreme CourtDivision Bench(1996) 03 SC CK 0010

Rafiq Mohd. vs State Government of M.P. and Others

Supreme Court Of India · Decided on 29 March 1996 · Citation: (1996) 5 JT 457 : (1996) 3 SCALE 300 : (1996) 8 SCC 482

HON’BLE JUDGES
G. N. Ray, J · B. L. Hansaria, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 5131 of 1996 Arising out of SLP (C) No. 9340 of 1995

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Judgment

4 paragraphs · 174 words

B.L. Hansaria, JJ.—Leave granted. Heard learned Counsel for the parties. Perused written submissions filed on behalf of the respondents.

2.

The appellant claims the benefits of Land Acquisition (Amendment) Act 1984. As to when such benefits are available has been spelt out by two Constitution Bench decisions: (1) Union of India (UOI) and Another Vs. Raghubir Singh (Dead) by Lrs. Etc., and (2) K.S. Paripoornan Vs. State of Kerala and Others, As the award by the Collector in the present case was passed on 20.11.63, the appellant is not entitled is not entitled to any additional sum visualised by Section 23(1-A) in view of the decision in Paripoornan's case. But the decree of the Reference Court being of 22.9.83, benefits of amended Sections 23(2) and 28 would be available because of the decision in Raghubir Singh's case.

3.

The appeal is allowed accordingly. The additional amount which has become payable because of this judgment shall be paid to the appellant within a period of three months from today.

4.

No order as to costs.