Full Judgment Text
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PETITIONER:
RAFIQ MOHD.
Vs.
RESPONDENT:
STATE GOVERNMENT OF M.P. & ORS.
DATE OF JUDGMENT: 29/03/1996
BENCH:
HANSARIA B.L. (J)
BENCH:
HANSARIA B.L. (J)
RAY, G.N. (J)
CITATION:
JT 1996 (5) 457 1996 SCALE (3)300
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
HANSARIA,J.
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 v. Raghubir Singh, 1989 (2) SCC 754; and (2)
K.S. Paripoornan v. State of Kerala, 1994 (5) SCC 593. As
the award by the Collector in the present case was
passed on 20.11.63, the appellant is not entitled to any
additional sum visualized 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.