KOCHUKUTTY PURUSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred by the claimant in LAR 37/90 on the file of the Subordinate Judge's Court, Cherthala, the grievance is that the lower court denied the benefit of S.23(2) and 28 of the amended Land Acquisition Act to the appellant for the enhanced compensation awarded in this case.

(2.) 3.35 Ares of land comprised in Sy. No. 53/4/4 of Vayalar West Village was acquired for the National Highway as per the notification dated 24.4.1971 issued under S.3(1) of the Kerala Land Acquisition Act. The Land Acquisition Officer by the award dated 11.9.1972 awarded land value at the rate of Rs. 610/- per Are. The reference court enhanced the land value to Rs. 2,000/- per Are by the impugned judgment dated 22.2.1996. The lower court denied the benefits of S.23(2) and 28 of the amended provisions of the Land Acquisition Act. According to the appellant, he is entitled to the benefits of the amended S.23(2) and 28 of the L.A. Act since the award is passed by the lower court in the reference on 22.2.1996 in view of the transitional provisions in the amending Act 68/1984.

(3.) The Land Acquisition Act was amended by the amending Act, 68/84 with effect from 24.9.1984. S.30 of the Act 68/84 deals with the transitional provisions. S.30(2) lays down that the provisions of S.23(2) and 28 as amended shall be deemed to have applied also, to and in relation to any award made by the Collector or Court or to any order passed by the High Court or Supreme Court in appeal against any such award under the provisions of the Principal Act after 30th April, 1982, the date of introduction of the Land Acquisition Amendment Bill, 1982 in the House of People and before the commencement of the Act.