Land acquisition compensation amendments: additional amount denied where award predated 30 April 1982, while solatium and interest applied.

Section 23(1-A) of the Land Acquisition Act, 1894, as introduced by the 1984 amendment, applies only to acquisition proceedings pending on 30 April 1982 where the Collector had not made an award before that date. If the award had already been made before 30 April 1982, the additional amount is not available. The amended solatium under Section 23(2) and revised interest under Section 28 were treated as applicable on the facts considered and were upheld.

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Issues: Whether the amended benefit under Section 23(1-A) of the Land Acquisition Act, 1894 was available where the Collector had already made an award before 30 April 1982, and whether the enhanced solatium and interest under the amended Act were otherwise payable.

Analysis: The amended provision in Section 23(1-A) operates by virtue of the transitional scheme in Section 30(1)(a) and (b) of the Land Acquisition (Amendment) Act, 1984. That benefit is confined to acquisition proceedings pending on 30 April 1982 in which no award had been made by the Collector before that date. Where the award had already been made before 30 April 1982, the additional amount under Section 23(1-A) is not available. The amended solatium under Section 23(2) and the revised interest under Section 28, however, were held to be applicable on the facts considered.

Conclusion: The claim for additional amount under Section 23(1-A) failed in the case where the Collector had made the award before 30 April 1982, but succeeded where the award was made on 30 April 1982 itself; the enhanced solatium and interest granted under Sections 23(2) and 28 were upheld.

Ratio Decidendi: The additional amount under Section 23(1-A) of the Land Acquisition Act, 1894 applies only to acquisition proceedings pending on 30 April 1982 in which no award had been made by the Collector before that date.

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