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Judgment
G.S. Singhvi, J. (Oral)
The only point raised in this Letters Patent Appeal is that the learned Single Judge has erred in extending the benefit of the Land Acquisition (Amendment) Act, 1984 to the claimants.
Mr. G.S. Punia, Advocate who was initially instructed by the respondents to appear has made statement today that he does not have instructions from the respondents. No other counsel has appeared on their behalf.
Mr. Rajesh Gumber, counsel for the appellant has invited our attention to the decision of a Constitution Bench of the Supreme Court in K.S. Paripoornam v. State of Kerala and others, JT 1994(6) SC 182 : 1995(1) RRR 40 (SC) and decisions in Union of India v. Filip Tiago De Gama, JT 1989(2) SC 427 : 1990(2) RRR 146 (SC); Land Acquisition Officer, Punjab v. Anudeep Kaur, AIR 1996 SC 2885; State of MP etc. v. Harishankar Goel and anr., AIR 1996 SC 3478, Krishi Utpandan Mandi Samiti v. Ganga Sahai, AIR 1996 SC 3483 : 1997(1) RCR (Civil) 50 (SC), State of Bihar v. Ratan Lal Sahu, AIR 1996 SC 3500, LPA No. 265 of 1987 (State of Punjab v. Babu Ram etc.) decided on 21.7. 1997, LPA No. 317 of 1987 (State of Punjab v. Bharpur Singh) decided on 21.7. 1997 and the Hoshiarpur Improvement Trust v. President Land Acquisition Tribunal, Hoshiarpur, 1996(3) PLR 175 : 1996(2) RRR 731 and submitted that the learned Single Judge had no jurisdiction to grant the benefit of Amending Act to the claimants because the Land Acquisition Collector had made award on 18.4.1979 and the Reference Court had given judgment on 31.7.1980.
In our opinion, Mr. Rajesh Gumber''s submission merits acceptance. In view of the law laid down by the Constitution Bench of the Supreme Court and other decisions rendered thereafter, the benefit of the Amending Act cannot be extended to the land acquisition cases in which the award had been rendered prior to 30.4.1982.
In view of the above, the appeal is allowed and the impugned judgment is set aside in so far as it relates to the grant of benefit of the Land Acquisition (Amendment) Act, 1984 to the claimantsrespondents.
In case the respondentappellant has already paid the amount to the claimants in view of the impugned judgment, then respondentappellant shall be entitled to recover the said amount from the claimants alongwith 18% interest till the date of recovery.