JAGMEL SINGH Vs. SPECIAL LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) HEARD . CM is allowed and the appellants are exempted from filing certified copies of Annexures A-1 and A-2. CM stands disposed of. CM 4335 of 1997

(2.) THIS CM has been filed under section 151 CPC for placing on record Annexures A-1 and A-2. CM is allowed and Annexures A-1 and A-2 annexed with the CM are ordered to be placed on record. CM 4336 of 1997

(3.) THE learned counsel appearing on behalf of Union of India, however, submits that in the judgment dated 24.1.1989 upholding the judgment of the learned Additional District Judge dated 22.3.1986, the landowners have also been granted the benefit of section 23(1-A) of the Land Acquisition Act whereas in the present case the land owner is not entitled to the said benefit as in his case award was made on 18.5.1983. Mr. Suri, the learned counsel appearing on behalf of the appellant has, however, drawn my attention to a judgment rendered by a Constitution Bench of the Supreme Court in K.S. Paripoornan v. State of Kerala and others, AIR 1995 SC 1012 : 1995(1) RRR 40 (SC). and contends that in terms of the law laid down in the said judgment, the appellant is entitled to the benefit under section 23 (1-A) of the Land Acquisition Act as the award in the present case was passed on 18.5.1983 (which is after 30.4.1982).