- (1.) These appeals have an identical point and are therefore disposed of by this common judgment.
(2.) Challenge in each case is to the final judgment and order dated 29.1.2002 passed by a Division Bench of the Punjab and Haryana High Court. Writ Petitions filed by the appellant in each case were dismissed. Challenge in the Writ Petitions was to the award of solatium at the rate of 30% of the market value and other amounts permissible under Sections 23(1-A) and 28 of the Land Acquisition Act, 1894 (in short the 'Act'). According to the appellant the benefits were not available to the respondents because of the specific provisions of Section 30(1) of the Land Acquisition (Amendment) Act, 1984 (in short the 'Amendment Act'). The High Court relying on some earlier judgments dismissed the writ petitions.
(3.) Learned counsel for the appellant submitted that in view of the decision of this Court in Union of India and Ors. v. Filip Tiago De Gama of Vedem Vasco De Gama (1990 (1) SCC 277) and Kashiben Bhikabai and Ors. v. Special Land Acquisition Officer and Anr. (2002 (2) SCC 605) no amount was payable as provisions of under Section 23(1-A) are not applicable. Reference is also made to Section 30(1) of the Amendment Act for the purpose which reads as follows: "30.Transitional provisions. - (1) The provisions of subsection (1-A) of Section 23 of the principal Act, as inserted by clause (a) of Section 15 of this Act, shall apply, and shall be deemed to have applied, also to, and in relation to, - (a) every proceeding for the acquisition of any land under the principal Act pending on the 30th day of April, 1982 [the date of introduction of the Land Acquisition (Amendment) Bill, 1982, in the House of the People, in which no award has been made by the Collector before that date; (b) every proceeding for the acquisition of any land under the principal Act commenced after that date, whether or not an award has been made by the Collector .before the date of commencement of this Act. (2) xxx xxx xxx (3) xxx xxx xxx.";