1996 INSC 0653
                                                State of Maharashtra

                                                           Vs

                                                   Maruti Laxman

                                          Civil Appeal No. 7490 of 1996

                                       (K. Ramaswamy, G.B. Pattanaik JJ)

                                                      15.04.1996

                                                        ORDER

1. Though notice was served on the respondent, no one appears on behalf of him.

2. Leave granted. We have heard the learned counsel for the appellant.

3. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') was
published on 31-7-1969. The Land Acquisition Officer made his award on 12-10-1972 awarding
compensation @ Rs. 1000 per acre. On reference, the civil court enhanced the compensation to Rs.
2000 per acre by award and decree dated 18-2-1977. The High Court while dismissing the State
appeal on 16-7-1986 has awarded the enhanced benefits under the Amendment Act 68 of 1984.
Thus this appeal by special leave.

4. This appeal is only in respect of awarding of enhanced benefits under Sections 23(2), 28 and
23(1-A) of the Act. In view of the settled legal position that the award of the civil court was made
long before the date of the introduction of the Amendment Act 68 of 1984, the claimant is not
entitled to the enhanced benefits. That apart, it is also settled legal position that the High Court,
while dismissing the appellant's appeal, had no jurisdiction to award the additional benefits since the
claimants did not file any appeal for further enhancement. Therefore, in the absence of any
additional compensation being awarded, the High Court has no jurisdiction to award the benefits
under the provisions of the Amendment Act 68 of 1984.

5. The appeal is accordingly allowed. The order of the High Court awarding solatium, interest and
additional amount under Sections 23(2), 28 and 23(1-A) stands set aside. No costs.