The Special Land Acquisition Vs. Siddappa Ujanappa Madar  INSC 614 (2 November 1995)
K. Ramaswamy, K. Hansaria B.L. (J)
JT 1995 (8) 562 1995 SCALE (6)578
O R D
Registry's report dated August
14, 1995 indicates
that S.S. Typai, the sole respondent in SLP (C) No. 9906 of 1987 (present SLP),
was dead as per the postal endorsement.
therefore, directed the learned counsel for the petitioner-State to take steps
to bring on record the legal representatives of the sole-respondent. The
Special Land Acquisition Officer, National Highways, Dharwad, in his letter
dated 17th October,
1995 had stated that
said S.S. Tyapi is still alive and he is presently running a tea shop near bus
depot at Gangavati. Under these circumstances, the postal endorsement obviously
is incorrect. Therefore, there is no need to bring the legal representatives of
the respondent on record.
controversy in case is no longer res integra. The applicability of the provisions
of Sections 23 (1-A), 23(2) and 28 of the Land Acquisition Act, 1894, as
amended by the Land Acquisition (Amendment) Act (Act 68 of 1984), is in
question in this matter. These points have already been covered by two
Constitution Bench decisions of this Court in Union of India vs. Raghubir
Singh, [(1989) 3 SCR 316] and K.S. Paripoornan vs. State of Kerala, [(1994) 5 SCC 593]. In view of
these Constitution Bench judgments the appeal is to be allowed. Consequently,
the benefits granted pursuant to the Amendment Act stand set aside. The
respondents are entitled to interest @ 6% per annum and also solatium @ 15% on
the enhanced compensation.
appeal is accordingly allowed but, in the circumstances, without costs.