K S PARIPOORNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) By order dated December 17,1991, these matters have been referred to a larger bench to consider the correctness of the decision in Union of India and Anr. v. Zora Singh and Ors., 1992 1 SCC 673 (decided by a bench of three Judges). In Zora Singh's case (supra), this Court has held that the payment of additional amount payable @ 12% per annum on the market value under Sub-section (1-A) inserted in Section 23 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the principal Act") by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as 'the amending Act') is to be ordered in every case where the reference was pending before the reference court on the date of commencement of the amending Act even though the award of the Collector was made prior to April 13, 1992.

(2.) In all these matters preliminary notification under Section 3(1) of Kerala Land Acquisition Act, 1961 was published on March 21, 1979 and the notification under Section 6 of the said Act was published on May 15, 1979. The Land Acquisition Officer made the award on December 30, 1980. The reference under Section 18 was decided by IInd Additional Subordinate Judge, Trivandrum on December 28,1985, after the commencement of the amending Act. The amending Act also repealed the Kerala Land Acquisition Act, 1961 and extended the principal Act as amended to Kerala with effect from September 24, 1984. The civil court enhanced the compensation and awarded interest @12% per annum from March 11, 1981 till the deposit of the excess amount of compensation awarded by it. The High Court rejected the claim for additional amount at the rate of 12% per annum payable under Section 23(1-A) on the view that the said provision was not attracted in view of Section 30(1) of the amending Act. The said view is assailed by the petitioners on the basis of the decision in Zora Singh (supra). Therefore, this reference.

(3.) The question which is required to be examined by this Bench is : whether the additional amount payable @ 12% per annum on the market value under Section 23(1-A) is restricted to matters referred to in Clauses (a) and (b) of Sub-section (1) of Section 30 of the amending Act or is to be awarded in every case where the reference was pending before the reference court on September 24, 1984 (the date of the commencement of the amending Act) irrespective of the date on which the award was made by the Collector.