I D L CHEMICALS LTD Vs. K VISWANADHAM

JUDGEMENT

(1.) We are left to the unenviable task of explaining apparently conflicting judgments of the Supreme Court in this case coming up before the Full Bench on a reference by the Division Bench.

(2.) The question posed by the Division Bench in the reference order is

(3.) At the outset, we must mention that the appellant is the Company for whose banefit the land acquisition proceedings were initiated. It was not a party before the reference Court. With the leave of this Court, the Company has preferred the appeal. While granting leave, the Court permitted the appellant only to the extent of canvassing the correctness of the decree granting additional benefits under the Land Acquisition (Amendment) Act, (68 of 1984). It must be clarified that the only dispute centres round the award of interest on the additional amounts payable under Section 23(1 -A) and 23(2) and the entitlement or otherwise to the other benefits under the Amendment Act 68 of 1984 is not in issue in the appeal. One more aspect to be clarified is that the trial Court granted interest under Section 28 "on the amount awarded by the Court". Whether the learned trial Judgment to give interest on the amount payable under sub-section (1-A) and (2) of Section 23 as well is not very clear from the judgment and decree; but in order to obviate any doubt and in view of the reference order, we will proceed on the basis that the interest was in fact awarded in respect of the amounts payable under sub-section (1-A) and (2) of Section 23 of the Act.