AIR 1985 SUPREME COURT 576 ::1985 UJ (SC) 681 ::1985 2 Civ LJ 201 ::1985 (1) SCC 582 ::(1985) 98 Mad LW 697 ::(1985) 1 CurCC 1143 ::(1985) 1 APLJ 37.1 ::1985 (1) AndhLT 383 ::(1985) Guj LH 546 ::(1985) Mah LJ 364 ::(1985) MPLJ 218 ::(1985) IJR 114 (SC) ::(1985) 2 LandLR 170 ::1985 (11) All LR 253

Supreme Court Of India

(From : Mysore)*

Hon'ble Judge(s): O. Chinnappa Reddy, Sabyasachi Mukharji , JJ

Land Acquisition Act (1 of 1894) , S.23(2)— (as amended in 1984) Land Acquisition (Amendment) Act (68 of 1984) , S.30(2)— Solatium - Increase to 30% - Retrospectivity of 1984 Amendment - Limited to awards passed between 30-4-82 to 24-9-84 and appeals pending therefrom only. S.30 of the Land Acquisition (Amendment) Act (1984) did not make the amended S. 23(2) which increased the solatium to thirty per centum applicable to all proceedings in regard to compensation which had not become final whether they be pending before the Collector, Court, High Court or Supreme Court. It is clear that Parliament wanted the amended S. 23(2) to have very limited retrospectivity. It made the provision applicable to awards made after, April 30, 1982 and before September 24, 1984 also and further to appeals to the High Court and the Supreme Court arising from such awards. The Bill which ultimately became the Amendment Act was introduced into Parliament on April 30, 1982. Parliament obviously desired to give effect to the amended S. 23(2) from the date of introduction of the Bill. So the amended provision was expressly made applicable by S. 30(2) to awards made by the Collector or Court between April 30, 1982 and September 24, 1984 also. Parliament did not intend and could not have intended that whatever be the date of the award, however ancient it may be, sol....