of Haryana Vs. Shanti Parshad Jain & Ors
 INSC 275 (10 May
Sujata V. (J) Manohar Sujata V. (J) Verma, Jagdish Saran (J) Mrs. Sujata V. Manohar,
1995 SCC (4) 532 1995 SCALE (3)607
10TH DAY OF MAY, 1995 Present:
Mr. Justice J.S. Verma Hon'ble Mrs. Justice Sujata V. Manohar Mr. Maninder
Singh and Ms. Indu Malhotra, Advs. for the appellant. Mr. Prem Malhotra, Adv.
for the Respondents.
following Judgement of the Court was delivered:
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5654-55
OF 1995 (Arising out of S.L.P. (C) Nos. 12914-14A of 1989) State of Haryana
Appellant V. Shanti Parshad Jain & Ors. .....Respondents
appeals pertain to the land pertaining to the respondents which has been
acquired pursuant to Notification dated 30.1.1973 under Section 4 of the Land
Acquisition Act, 1894 and Notification dated 24.7.1973 under Section 6 of the
Land Acquisition Act,1894. The land has been acquired by the appellant for the
public purpose of development and utilisation of land in the urban estate to be
set up in the area of village Hissar.
Land Acquisition Collector by his award dated 5.9.1973 awarded compensation to
the respondents for `A' Category of land at the rate of Rs. 20,000/- per acre
and for `B' Category at the rate of Rs. 12,000/- per acre.
by this award, the respondents preferred a reference under Section 18 of the
Land Acquisition Act before the Additional District Judge, Hissar. By his order
dated 23.1.1979, the Additional District Judge enhanced the award amount as set
out therein. In an appeal from this order, the High court by its order dated
9.12.1988 further enhanced the compensation amount and also granted the benefit
of Sections 23(1A), 23(2) and 28 of the amended Land Acquisition Act to the
only point urged before us by the appellant is in respect of the benefit
granted under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act to the
this case both the award of the Collector as well as the award by the court
under a reference under Section 18 of the Land Acquisition Act have been made
prior to 30th of April, 1982. Hence the benefit of Section 23(1A) cannot be
extended to the respondents. (See: K.S.Paripoornan v. State of Kerala &
Ors. (1994 (5) SCC 593).
benefit of Sections 23(2) as well as 28 also is not available to the
respondents in the present case because neither the award of the Collector nor
the award by the Court is after 30.4.1982 and before 24.9.1984. Unless the
appeal before the High Court or before us is in respect of the award made by
the Collector or the Court between 30.4.1982 and 24.9.1984 the benefit of the
amended Sections 23(2) and 28 cannot be granted in such appeals. (See: Union of
India & Anr. v. Raghubir Singh (dead) by Lrs. etc. (1989 (3) SCR 316).
appeals are accordingly allowed and the order of the High Court insofar as it
grants the benefit of amended Sections 23(1A), 23(2) and 28 to the respondents,
is set aside. In the circumstances of the case, however, there will be no order
as to costs.