RAFIQ MOHD Vs. STATE GOVERNMENT OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties. Perused written submissions filed on behalf of the respondents. 5 1979 117 ITR 525 (Cal) arising out of SLP (C) No. 9340 of 1995

(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 and (2 K. S. Paripoornan v. State of Kerala As the award by the Collector in the present case was passed on 20/11/1963, the appellant is not entitled to any additional sum visualised by Section 23 (1-A) in view of the decision in paripoornan case But the decree of the Reference court being of 22/9/1983, benefits of amended Sections 23 (2 and 28 would be available because of the decision in Raghubir Singh 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.