Alok Sharma, J. - (1.) A challenge in this appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter 'the Act of 1894') has been made to the award/deemed decree dated 19.02.1999, passed by the Civil Judge (Sr.D.)/Reference Court, Jaipur City, Jaipur to the extent of exclusion of interest on the enhanced amount of solatium as determined by the reference court itself.
(2.) The facts of the case are that a notification under came to be issued on 21.08.1969 inter alia for acquisition of 38 bigha 11 biswa land (25 acres land) in the khatedari of the appellant. A notification under Section 6 of the aforesaid Act followed on 28.02.1973 declaring that the said land was required for public purpose. Award in respect of the said land came to be passed on 17.04.1979. Thereunder a sum of Rs.1,73,500/- was found payable to the appellant as compensation. The possession of the said land was taken on 31.05.1979. The appellant received the award amount of Rs.1,73,500/- on 12.06.1979 under protest and proceeded to file a reference application under Section 18 of the aforesaid Act seeking enhancement of compensation.
(3.) During the pendency of the reference the Rajasthan Land Acquisition Act, 1987 was repealed effective 24.09.1984 and the Land Acquisition Act, 1894 made applicable to the State of Rajasthan. Thereupon the provisions of Section 18 of the Act of 1894 became applicable for the determination of the pending reference filed by the appellant. In the circumstances, on 13.09.1990 the appellant filed an application seeking amendment of its reference and praying that in determining the compensation payable to the appellant the provision of the Act of 1894 be applied. The said amendment was allowed by the reference court vide order dated 05.04.1991.;