# [2008] 5 S.C.R. 1160

- **Citation:** [2008] 5 S.C.R. 1160
- **Court:** Supreme Court of India
- **Decided:** 2008-04-04
- **Case number:** Civil Appeal No. 1363 of 2007
- **Bench:** Dr. Arijit Pasayat, P. Sathasivam
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/2008-5-s-c-r-1160-24403
- **Pages:** 5

## Headnote

Land Acquisition Act, 1894 -- ss.23(1-A), 23(2) and 28 -
Claim under - Entitlement - s. 4 Notification issued on
c 21.4.1965 - s.6 Notification issued on 10.11.1966 -Award of
collector made on 6.4.1972 - s.30 of Amendment Act, 1984
made operative w.e.f. 24.9.1984 - Reference court decided
reference on 30. 9. 1985 - High Court held that in view of
decision in *Paripoornan case, claimant was not entitled to
J
benefit under ss.23(1-A), 23(2) and 28 - On appeal, Held:
Constitution Bench in **Raghubir case fixed two terminus
points i.e. Award by Collector or decision of reference court
must be made between 30.4. 1982 and 24. 9. 1984 - The three
judge Bench in Paripoornan case observed that restrictive
E
interpretation should not be given - Since three judge Bench
gave an interpretation contrary to what was stated by
Constitution Bench, matter referred to larger Bench to consider
correctness of view expressed by three judge Bench - Land
Acquisition (Amendment) Act, 1984 - s.30.
F
K. S. Paripoornan v. State of Kera/a 1994(5) SCC 593;
**Union of India v. Raghubir Singh 1989(2) SCC 754; *K.S.
Paripoornan v. State of Kera/a 1995(1) SCC 367 - referred
to.
T

## Text

[2008) 5 S.C.R. 1160
A
LILAWATI AGARWAL (DEAD) BY LRS AND ORS.
II.
STATE OF JHARKHAND
(Civil Appeal No. 1363 of 2007)
B
APRIL 4, 2008
[DR. ARIJIT PASAYAT, P. SATHASIVAM, JJ.)
Land Acquisition Act, 1894 -- ss.23(1-A), 23(2) and 28 -
Claim under - Entitlement - s. 4 Notification issued on
c 21.4.1965 - s.6 Notification issued on 10.11.1966 -Award of
collector made on 6.4.1972 - s.30 of Amendment Act, 1984
made operative w.e.f. 24.9.1984 - Reference court decided
reference on 30. 9. 1985 - High Court held that in view of
decision in *Paripoornan case, claimant was not entitled to
J
benefit under ss.23(1-A), 23(2) and 28 - On appeal, Held:
Constitution Bench in **Raghubir case fixed two terminus
points i.e. Award by Collector or decision of reference court
must be made between 30.4. 1982 and 24. 9. 1984 - The three
judge Bench in Paripoornan case observed that restrictive
E
interpretation should not be given - Since three judge Bench
gave an interpretation contrary to what was stated by
Constitution Bench, matter referred to larger Bench to consider
correctness of view expressed by three judge Bench - Land
Acquisition (Amendment) Act, 1984 - s.30.
F
K. S. Paripoornan v. State of Kera/a 1994(5) SCC 593;
**Union of India v. Raghubir Singh 1989(2) SCC 754; *K.S.
Paripoornan v. State of Kera/a 1995(1) SCC 367 - referred
to.
T
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
G 1363 of 2007.
From 'the Judgment and final Order dated 19/2/2003 of
the High Court of Jharkhand at Ranchi in Appeal from Original
Decree No. 32 and 33/1986.
H
1160
LILAWATI AGARWAL (DEAD) BY LRS AND ORS. v.
1161
STATE OF JHARKHAND [DR. ARIJIT PASAYAT, J.]
WITH
A
Civil Appeal Nos. 2468, 2469, 2470, and 2471/2008
Himanshu Munshi, Anip Sachthey, Mohit Paul, Gopal
Prasad, Anil K. Jha, 8.8. Singh and Kumar Rajesh Singh for
the appearing parties.
B
~
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Leave granted in SLP(C) Nos.
··15653, 15657, 15683 and 20741 of 2004.
c
2. All these appeals involve identical questions and are
therefore, taken up together for disposal. The basic issues
involved in these appeals relate to entitlement of the claimants/
appellants for benefits under Sections 23(1-A), 23(2) and
Section 28 of the Land Acquisition Act, 1894 (in short the 'Act'). D
_._
3. Factual position is almost undisputed and essentially
as follows:
Notification under Section 4( 1) of the Act was issued on
21.4.1965, Section 6 notification was issued on 10.11.1966 and E
the Land Acquisition Collector's Award was made on 6.4.1972.
Section 30 of the Land Acquisition (Amendment) Act, 1984 (in
short the 'Amendment Act') was introduced and made operative
with effect from 24.9.1984.
The reference court decided reference on 30.9.1985, the
F
High Court held that in view of the decision of this Court in K. S.
Paripoornan v. State of Kera/a [1994(5) SCC 593] the appellant
was not entitled to the benefit under Section 23(1-A), 23(2) and
Section 28 of the Act.
4. Learned counsel for the appellants submitted that the G
benefit under Section 23(1-A) may not be available in view of
""
~
what has been stated in K.S. Paripoornan's case (hereinafter
-
referred to as 'Paripuranan I') yet in view of the decision of this
Court in Union of India v. Raghubir Singh [1989(2) SCC 754] H
1162
SUPREME COURT REPORTS
[2008] 5 S.C.R.
A and in KS. Paripoornan v. State of Kera/a [1995(1) SCC 367]
(hereinafter referred to as 'Paripoornan II' )the benefit under
Section 23(2) and Section 28 of the Act are available.
5. Learned counsel for the respondent-State and Bharat
B
Coking Coal Ltd. (in short the 'BCCL') the beneficiary for whose
benefit the land was acquired submitted that the view in
Paripuranan II is not correct as a three judge Bench had taken a
+
view clearly contrary to what has been stated by the Constitution
Bench in Raghubir Singh's case (supra).
c
6. By way of reply learned counsel for the appellant
submitted that even recently in Panna Lal Ghosh v. Land
Acquisition Collector [2004(1) SCC 467] this Court has
adopted a view taken in Paripuranan /l's case (supra).
7. In order to appreciate the rival submissions it is
D necessary to take note of what has been stated in Raghuveer
Singh's case (supra) which is as follows:
........
"31. In construing Section 30(2), it is just as well to be
clear that the award made by the Collector referred to
E
here is the award made by the Collector under Section 11
of the parent Act, and the award made by the Court is the
award made by the Principal Civil Court of Original
Jurisdiction under Section 23 of the parent Act on a
reference made to it by the Collector under Section 19 of
the parent Act. There can be no doubt that the benefit of
r·
I
the enhanced solatium is intended by Section 30(2} in
resgect of an award made by the Collector between 304-1982 and 24-9-1984. Likewise the benefit of the
enhanced solatium is extended by Section 30(2) to the
case of an award made by the Court between 30-4-1982
G
and 24-9-1984, even though it be upon reference from an
award made before 30-4-1982.
34. Our attention was drawn to the order made in State of
-<
Punjab v. Mohinder Singh [1986(1) SCC 365], but in the
H
absence of a statement of the reasons which persuaded
LILAWATI AGARWAL (DEAD) BY LRS AND ORS. v.
1163
STATE OF JHARKHAND [DR. ARIJIT PASAYAT, J.]
--:
the learned Judges to take the view they did we find it A
difficult to endorse that decision. It received the appro:val
of the learned Judges who decided Bhag Singh v Union
Territory of Chandigarh [1985(3) SCC 737] but the
judgment in Bhag Singh's case (supra) as we have said
earlier, has omitted to give due significance to all the
B
.-4.·
material provisions of Section 30(2), and consequently
'
we find ourselves at variance with it. The learned Judges
proceeded to apply the principle that an appeal is a
-·
continuation of the proceeding initiated before the Court
'
by way of reference under Section 18 but, in our opinion,
I
c
4
the application of a general principle must yield to the
limiting terms of the statutory provision itself. Learned
counsel for the respondents has strenuously relied on the
general principle that the appeal is a rehearing of the
original matter, but we are not satisfied that he is on good D
ground in invoking that principle. Learned counsel for the
,.__
respondents points out that the word 'or' has been used
in Section 30(2) as a disjunctive between the reference to
the award made by the Collector or the Court and on an
order passed by the High Court or the Supreme Court in
E
appeal and, he says, properly understood it must mean
that the period 30-4-1982 to 24-9-1984 is as much
applicable to the appellate order of the High Court or of
the Supreme Court as it is to the award made by the
Collector or the Court. We think that what Parliament
intends to say is that the benefit of Section 30(2) will be
F
"T·
available to an award by the Collector or the Court made
between the aforesaid two dates or to an appellate order
of the High Court or of the Supreme Court which arises
out of an award of the Collector or the Court made between
the said two dates. The word 'or' is used with reference G
to the stage at which the proceeding rests at the time
when the benefit under Section 30(2) is sought to be
extended. If the proceeding has terminated with the award
of the Collector or of the Court made between the
aforesaid two dates, the benefit of Section 30(2) will be
H
1164
SUPREME COURT Rl:PORTS
(2008) 5 S.C.R.
A
ariplied to such award made between the aforesaid two
dates If the proceeding has passed to the stage of appeal
before the High Court or the Supreme Court, it is at that
stage when the benefit of Section 30(2) will be applied.
But in every case. the award of the Collector or of the
B
Court must have been made between 30-4-1982 and 249-1984.
(underlined for emphasis)
8. In Raghubir Singh's case (supra) two terminus points
were fixed i.e. Award by the Collector or decision of the reference
Court must have been taken between 30.4.1982 and 24.9.1984.
C :t has been clearly stated in the last line Jf para 34 that every
case "must" have been decided between the ;:iforesaid terminus.
In Paripuranan /l's case (supra) at para 4 it was observed that
restrictive i.1terpretation should not be given. With great respect
we a:e undble to sJbscribe to the view As a matter of fact a
D three judge Bench was trying to give an interpretation different
from what was specifica!ly given by the Constitution Bench.
9. Therefore, we think it appropridte to refer th:~ matter to
a larger bench to consider correctness of the view expressed
in para 4 in Paripurnan /l's case (supra) holding that a restricted
E interpretation should not be given, on the face of what has been
stated in para 34 of Raghuveer Singh's case (supra). Records
may be placed before the Hon'ble Chief Justice of India for
necessary orders.
F D.G.
Referred to larger Bench.
\