PETITIONER:
THE SPECIAL LAND ACQUISITION
Vs.
RESPONDENT:
SIDDAPPA UJANAPPA MADAR
DATE OF JUDGMENT02/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
JT 1995 (8) 562 1995 SCALE (6)578
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
The Registry’s report dated August 14, 1995 indicates
that S.S. Typai, the sole respondent in SLP (C) No. 9906 of
1987 (present SLP), was dead as per the postal endorsement.
We, therefore, directed the learned counsel for the
petitioner-State to take steps to bring on record the legal
representatives of the sole-respondent. The Special Land
Acquisition Officer, National Highways, Dharwad, in his
letter dated 17th October, 1995 had stated that said S.S.
Tyapi is still alive and he is presently running a tea shop
near bus depot at Gangavati. Under these circumstances, the
postal endorsement obviously is incorrect. Therefore, there
is no need to bring the legal representatives of the
respondent on record.
Leave granted.
The controversy in case is no longer res integra. The
applicability of the provisions of Sections 23 (1-A), 23(2)
and 28 of the Land Acquisition Act, 1894, as amended by the
Land Acquisition (Amendment) Act (Act 68 of 1984), is in
question in this matter. These points have already been
covered by two Constitution Bench decisions of this Court in
Union of India vs. Raghubir Singh, [(1989) 3 SCR 316] and
K.S. Paripoornan vs. State of Kerala, [(1994) 5 SCC 593]. In
view of these Constitution Bench judgments the appeal is to
be allowed. Consequently, the benefits granted pursuant to
the Amendment Act stand set aside. The respondents are
entitled to interest @ 6% per annum and also solatium @ 15%
on the enhanced compensation.
The appeal is accordingly allowed but, in the
circumstances, without costs.