PUNJAB STATE Vs. GOPI CHAND

JUDGEMENT

(1.) THE land of the claimant i.e. the respondent herein, was sought to be acquired on the basis of a notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'), on 19.3.1981. Having taken a final decision to acquire the land, the Land Acquisition Collector by his award dated 25.2.1982 determined the compensation payable to the respondent/claimant as under :-

(2.) THE Reference Court by its order dated 7.12.1987 ordered enhancement of the compensation payable to the respondent/claimant as under :-

(3.) THE solitary contention of the learned counsel for the appellants is that the respondent/claimant is not entitled to the benefit of the amended provisions of Section 23(1-A) of the Act. In this behalf, pointed attention of this Court has been invited to the fact that the Land Acquisition Collector determined the compensation payable to the respondent through an award dated 25.2.1982, well before the date of proposed amendment i.e. 30.4.1982. In this behalf reliance has been placed on the judgment rendered by the Apex Court in K.S. Paripoornan v. State of Kerala and others, 1995(1) RRR 40 (SC) : JT 1994(6) SC 182, wherein the Supreme Court observed as under :-