P. Venkatarama Reddi, J. - (1.) This appeal by Special Leave arises out of the judgment of the High Court of Judicature at Bombay in a first appeal and cross-objection preferred under the Land Acquisition Act. The High Court affirmed the judgment and decree passed by the Joint District Judge, Nasik. The acquisition which is the subject-matter of this appeal was in respect of 5,800 sq. meters land situated near Satana town. The market value as on 7-5-1987 was fixed at Rs. 300/- per Sq. metre and the statutory benefits under the amended Sections 23 and 28 of L.A. Act were extended.
(2.) The acquisition proceedings were initiated under the provisions of Maharashtra Regional Town Planning Act, 1996 (hereinafter referred to as MRTP Act) read with the Land Acquisition Act in the year 1987 for the purpose of extension of bus-stand. Primarily, in this appeal, this Court is called upon to decide the question whether amendments made to the Land Acquisition Act by Central Act No. 68 of 1984 to Sections 23 and Section 28 which confer certain additional monetary benefits to the land-holders are to be made applicable to the instant acquisition.
(3.) It may be noted that by Central Act 68 of 1984, sub-section (1-A) was added to Section 23 which entitled the claimants to receive the amount calculated at the rate of 12 per cent per annum on the market value for the period commencing on and from the date of the publication of the notification under Section 4(1) up to the date of the award or the date of taking possession of the land, whichever is earlier. It is ruled by the Constitution Bench in Sunder vs. Union of India (2001) 7 SCC 211 that this additional amount is part of compensation awarded. Another benefit made available under Act 68 of 1984 is the enhancement of solatium payable as per sub-section (2) of Section 23 from 15 per cent to 30 per cent. Under Section 28, as amended, the claimant is entitled to receive interest on the excess compensation awarded at the increased rates.;