JUDGMENT

S.B. Sinha, J.-Leave granted.

2. State of Orissa issued a notification purported to be under Section 4(1) of the Land Acquisition Act, 1894 (for short the Act ) on or about 10.12.1980 pursuant whereto or in furtherance whereof inter alia the lands belonging to the Appellant herein were acquired. An award in respect of the said acquisition was passed on 13.09.1981 and possession of the land was taken by the State on 15.09.1981. Being aggrieved by and dissatisfied with the quantum of compensation specified in the Award the Appellant herein filed an application for enhancement thereof in terms of Section 26 of the Act which was referred to Civil Court by the Collector on 5.12.1989. Although the amount of compensation as regard the value of the land was enhanced by an order dated 27.11.1990 by the Reference Court but the other statutory benefits in respect thereof as contemplated under Sections 23(1A), 23(2) and 28 of the Act were not granted. An appeal against the said order by the State was dismissed by the High Court. The Appellant filed an application for enhancement of payment of solatium @ 30% being MJC No. 43/89 which was allowed by an order dated 21.12.1990.

3. The Appel