- (1.) A notification under Section 3 of the Kerala Land Acquisition Act, 1961, equivalent to Section 4 (1 of the central Act was published on 10/9/1974. The possession of the land was taken on 20/3/1977, obviously after making the award. On reference, the Subordinate Judge enhanced the compensation by his award and decree dated 21/3/1980. While dismissing the appeal of the State, the High court by its judgment and decree dated 14/1/1988 applied the Amendment Act 68 of 1984 and granted the statutory benefits under S. 23 (1-A) , 23 (2 and 28 of the Land Acquisition Act, 1894 as amended in Act 68 of 1984. Thus this appeal by special leave confining to the question of applicability of the statutory benefits under Act 68 of 1984.
(2.) It would be seen that the court under Section 23 (1 while enhancing the compensation has been given power under Section 23 (1-A) or Section 23 (2, on an application, to award the statutory benefits, in addition to the enhanced compensation. So, on an application made by the claimant, the court would not get jurisdiction to apply the Amended Act 68 of 1984 except when it has enhanced the compensation. Even otherwise, it would apply only if proceedings were pending either before the Land Acquisition Officer or before the civil court before the date when the Bill was introduced on 30/4/1982 the Act came into force, i. e. , 24/9/1984. Then only the statutory benefits would be given on the enhanced compensation and not otherwise.
(3.) Shri G. Vishwanatha Iyer, learned Senior Counsel for the claimants relied upon Ss. (3 of Section 30 of the Act and contended that since the amount was not paid before possession was taken, the claimants are entitled to the payment of interest under clause (a) of Ss. (3 of Section 30. We find no force in his contention. Ss. (3 (a) of Section 30 reads thus: "30.(3 (A) every case in which possession of any land acquired under the Principal Act had been taken before 30/4/1982 [the date of introduction of the Land Acquisition (Amendment) Bill, 1982 in the House of the People], and the amount of compensation for such acquisition had not been paid or deposited under Section 31 of the Principal Act until such date, with effect on and from that date,";