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Issues: (i) Whether the appellants could be denied enhanced compensation for want of deficit court fee despite the merits of the compensation determined in appeal. (ii) Whether section 30(2) of the Land Acquisition (Amendment) Act, 1984 extended the amended rates of solatium and interest to appeals pending on 30 April 1982 though the original awards had been made earlier.
Issue (i): Whether the appellants could be denied enhanced compensation for want of deficit court fee despite the merits of the compensation determined in appeal.
Analysis: The amount of compensation payable under the land acquisition law must reflect the market value found by the court. A technical objection as to deficit court fee should not be used to deprive claimants of the enhanced amount already found payable on merits, especially where the State is bound to pay just compensation for compulsory acquisition.
Conclusion: The appellants were entitled to be allowed to pay the deficit court fee and to receive the enhanced compensation determined in appeal.
Issue (ii): Whether section 30(2) of the Land Acquisition (Amendment) Act, 1984 extended the amended rates of solatium and interest to appeals pending on 30 April 1982 though the original awards had been made earlier.
Analysis: Section 30(2) was construed as giving retrospective effect to the amended sections 23(2) and 28 not merely for awards made after 30 April 1982, but also for orders passed in appeals against such awards between 30 April 1982 and the commencement of the Amending Act. The wording was held to govern both awards and appellate orders, so that pending appeals had to be decided with the amended rates. The appeal was treated as a continuation of the compensation proceedings.
Conclusion: The amended rates of 30% solatium and 9% interest applied to the appellants' case.
Final Conclusion: The appeal succeeded, the claimants were held entitled to enhanced compensation with the amended statutory additions, and the matter was disposed of in their favour.
Ratio Decidendi: Section 30(2) of the Land Acquisition (Amendment) Act, 1984 applies the amended provisions of solatium and interest to awards and appellate orders made after 30 April 1982 and before commencement of the Amending Act, including appeals pending on that date, because an appeal in compensation matters is a continuation of the original proceedings.
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