1985 (2) TMI 298

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....UDGMENT:   K.N. Bhat and Miss Madhumulchandani for the appellant, in C.A. No. 2196 & Respondent CAs. No. 271'-14. K. Rajendra Choudhary for the Respondent in CA No. 2195 & Appellants in CAs. 2713-14. CHINNAPPA REDDY, J.  In respect of acquisition of land pursuant to notifications issued under s. 4(1) of the Land Acquisition Act on November 28, 1957, compensation of Rs. 5250 f....

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.... However, in the appeal filed by the claimant, Shri K.N. Bhat, learned counsel, urged that in view of the Land Acquisition Amendment Act, 1984, his client is entitled to be paid solarium of 30% of the compensation instead of the 15% to which he had been held entitled by the lower courts under the unmended Act. He relied open sec. 15(b) and sec. 30(2) of the 1984 Amendment Act which are in the foll....

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....he Land Acquisition (Amendment) Bill 1982, in the House of the People) and before the commencement of this Act," Shri Bhat's submission was that s. 30(Z) of Amendment Act made the amended s. 23(2) which increased the solarium 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 ....

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....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. A natural corollary was that the new provision should apply to orders made by the High Court or by the supreme Court in appeals against such awards, that is, awards made between April 30, 1982 and September 24, 1984. Parliament did not intend and ....