Supreme CourtDivision Bench(1995) 10 SC CK 0047

State of Karnataka vs Mallinath and Others

Supreme Court Of India · Decided on 30 October 1995 · Citation: (1995) 8 JT 154 : (1995) 6 SCALE 257(1) : (1995) 4 SCC 670 Supp : (1995) 4 SCR 556 Supp

HON’BLE JUDGES
K. Ramaswamy, J · B. L. Hansaria, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No''s. 9900-9904 of 1994 (Arising out of SLP (C) No''s. 14220-24 of 1986)

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Judgment

4 paragraphs · 193 words
1.

It is stated in the affidavit filed by Matru Lal Kashyap, clerk of Shri Veerappa, the learned Counsel for the petitioner, that on instructions from the Assistant Commissioner, Bijapur, Somawa Patil, the second respondent herein had left behind her son Mallinath who is respondent No. 1 in SLP (C) No. 14220/86 as her legal representative and that since Mallinath is already on record there is no need to bring him on record separately as legal representative. He is transposed as legal representative. Since he is already representing the estate of his deceased mother Somawa Patil, it is accordinglecorded.

2.

Leave granted.

3.

The controversy hinges upon the applicability of Section 23(1-A) of the Land Acquisition Act (for short, ''the Act'') as amended by Act 68 of 1984. Since the award of the Collector was made much prior to the Amendment Act, the claimants are not entitled to the payment of additional amount u/s 23(1A) of the Act.

4.

The appeals are allowed to the above extent and the orders of the High Court and the appellate court are set aside to that extent. In other respects, the award stands confirmed. No costs.