T J THANKAMANY Vs. KERALA STATE

JUDGEMENT

(1.) The main question that arises for consideration in these appeals is whether the provision for higher solatium under the amended Land Acquisition Act applies to an award made subsequent to 24th of September, 1984 even though the acquisition commenced prior to the said date. The appeals also raise another question regarding the applicability of S. 23(1-A) providing additional amount of compensation to awards made in such acquisition proceedings. The facts in brief may be stated as follows : By notification dt. 11-7-1978 an area of 5.75 acres of land in Sy. No. 368/18-B2 of Aryad South Village was acquired for the Alleppey Town By-pass of National Highway 47. The award was passed on 28-11-1979. The land acquisition officer fixed land value at Rs. 1543/- per are. Dissatisfied with the award claimants sought reference to the court below. In the claim statement filed by the 3rd claimant it was contended that the acquired land is situated in an important locality where it would fetch at least Rs. 1800/ - per cent. The other claimants adopted the contentions raised by the 3rd claimant. The Commissioner appointed by the court below submitted a report and mahazar. On a consideration of the documents and evidence the court below determined land value at Rs. 2964/-per are. Apart from the compensation so determined the claimants were also found entitled to 30% solatium on the market value of the land. Interest at 12% of such value was also awarded u/S. 23(1-A) of the Land Acquisition Act apart from interest at 9% from the date of taking possession for a period of one year and thereafter at 15%. Aggrieved by that award claimants filed L.A.A. 147/1989. The other appeal is filed by the State.

(2.) It is urged by the learned Government Pleader that respondents are not entitled to get solatium at 30% and the enhanced rate of interest provided in the amended S. 28 of the Act. Apart from enhanced compensation of land value and value of improvements the court below has granted three more reliefs : (1) solatium at 30% of the market value of the land, (2) interest at the rate of 9% for the first year from the date of taking possession and 15% thereafter, and (3) interest at 12% on such market value for the period from the date of publication of notification till the date of the award of the Collector. The award was passed on 28-11-1979 and S. 30(2) of the Amendment Act is ruled out according to learned Government Pleader. For that reason it is contended that S. 23(2) as amended in 1984 is inapplicable. On the other hand learned counsel for respondents-claimants would contend that in all awards passed after the commencement of the Amended Act the enhanced solatium and all other benefits provided for in the amended Act are payable.

(3.) In order to appreciate the contentions raised by both sides it is appropriate to refer to S. 30(2) of the Amendment Act which comes under the head "transitional provisions". S. 30(2) reads :