GHAZIABAD DEVELOPMENT AUTHORITY versus ANOOP SINGH AND ANR.

GHAZIABAD DEVELOPMENT AUTHORITY versus ANOOP SINGH AND ANR.

In land acquisition proceedings, if a claim for enhanced compensation is duly amended under the CPC and allowed by the Reference Court, the restriction in pre-amended Section 25 does not apply. Enhanced rates of solatium and interest under amended Sections 23(2) and 28 are applicable as the awards by the Collector and the Reference Court fall within the specified dates under Section 30(2) of the Amending Act. However, additional compensation under Section 23(1-A) does not apply as the case does not fall within Section 30(1)(a) and (b) of the Amending Act.

Parties
Appellant: Ghaziabad Development Authority; Respondent: Anoop Singh; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
23 January 2003
Procedural Posture
Civil Appeal / Supreme Court on Appeal From Allahabad High Court Judgment Dated 5.2.1993 in F.a. No. 169 of 1985
Outcome
Appeals partly allowed.
Legal Topics
Compensation for Land Acquisition, Applicability of Amendments to Land Acquisition Act, 1894, Retrospective Application of Statutory Benefits, Amendment of Claim Under CPC
Land Acquisition Property Law Compensation for Land Acquisition Applicability of Amendments to Land Acquisition Act, 1894 Retrospective Application of Statutory Benefits Amendment of Claim Under CPC

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Parties

Ghaziabad Development Authority

Appellant

Anoop Singh

Respondent

Another Respondent

Respondent

Procedural Posture

Civil Appeal / Supreme Court on Appeal From Allahabad High Court Judgment Dated 5.2.1993 in F.a. No. 169 of 1985

Legal Issues

  1. 1 Whether compensation can be awarded over and above the claimed amount prior to the Land Acquisition (Amendment) Act, 1984
  2. 2 Whether amended Sections 23(2) and 28 regarding solatium and interest apply to pending proceedings
  3. 3 Whether benefit under Section 23(1-A) applies to the present case

Ratio Decidendi

In land acquisition proceedings, if a claim for enhanced compensation is duly amended under the CPC and allowed by the Reference Court, the restriction in pre-amended Section 25 does not apply. Enhanced rates of solatium and interest under amended Sections 23(2) and 28 are applicable as the awards by the Collector and the Reference Court fall within the specified dates under Section 30(2) of the Amending Act. However, additional compensation under Section 23(1-A) does not apply as the case does not fall within Section 30(1)(a) and (b) of the Amending Act.

Court Disposition

Appeals partly allowed.

Orders

  • Benefit of Section 23(1-A) to respondents/claimants is denied.
  • In all other respects, appeals are dismissed with no order as to costs.