STATE OF KARNATAKA versus MALLINATH AND ORS.

STATE OF KARNATAKA versus MALLINATH AND ORS.

Since the award of the Collector was made prior to the Amendment Act 68 of 1984, claimants are not entitled to the payment of additional amount under Section 23(1-A) of the Land Acquisition Act, 1894.

Parties
Appellant: State of Karnataka; Respondents: Mallinath and Ors.
Jurisdiction
India
Judgment Date
30 October 1995
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed to the extent of disallowing additional award under Section 23(1-A); High Court and appellate court orders set aside to that extent; otherwise, award confirmed.
Legal Topics
Applicability of Section 23(1 A) of Land Acquisition Act 1894, Effect of Amendment by Act 68 of 1984
Land Acquisition Applicability of Section 23(1 A) of Land Acquisition Act 1894 Effect of Amendment by Act 68 of 1984

Case Brief

Summary, issues, holding and outcome

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Parties

State of Karnataka

Appellant

Mallinath and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether Section 23(1-A) of the Land Acquisition Act, 1894 as amended by Act 68 of 1984 is applicable to awards made prior to the amendment

Ratio Decidendi

Since the award of the Collector was made prior to the Amendment Act 68 of 1984, claimants are not entitled to the payment of additional amount under Section 23(1-A) of the Land Acquisition Act, 1894.

Court Disposition

Appeal allowed to the extent of disallowing additional award under Section 23(1-A); High Court and appellate court orders set aside to that extent; otherwise, award confirmed.

Orders

  • Appeals allowed to the specified extent
  • Orders of the High Court and appellate Court set aside to that extent