Dr. Bharat Bhushan Parsoon, J. - (1.) THIS Regular First Appeal by the appellant is directed against the order dated 03.06.1989 rendered by Sh. G.S. Khurana, the then Additional District Judge, Gurdaspur, whereby application dated 14.11.1986 preferred by the land -owner for amendment of the Award rendered earlier by Sh. T.S. Cheema, the then learned District Judge, Gurdaspur on 26.08.1983 in respect of acquisition by Government of India in the revenue estate of village Jandwal, Tehsil Pathankot, the then District Gurdaspur was allowed.
(2.) VIDE the impugned order, the Court had amended the Award dated 26.08.1983, allowing the applicant -land owner solatium and interest as per the amended Section 23(2) and 28 respectively of the Land Acquisition Act, 1894 (hereinafter to be referred as the 'Act'). By way of this appeal, main plea of the appellant is that calculation of enhancement of solatium @ 30% as per Section 23(2) of the Act is not payable for the land and properties acquired earlier to 30.04.1982. It is claimed that in the instant case Award of the Collector is dated 09.04.1980 and thus neither the provisions of Section 23(2) nor of Section 28 of the Act after the amendment are applicable.
(3.) IT is also claimed that payment of 9% and 15% interest should have been awarded only if the excess payment was not made within one year from the order of the Court and not from the date of taking over the possession.;