Judgment

KASLIWAL, J.- Special leave granted.

2. All these petitions by special leave are disposed of by one single order as identical questions of law are involved and they are directed against the similar order of the High Court dated February 9, 1989.

3. Short controversy raised in these cases is regarding the grant of benefits under amended Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as the Amending Act). The President Land Acquisition Tribunal, Hoshiarpur (District Court) initially granted solatium at 15 per cent on the compensation and interest at 6 per cent per annum of the additional amount of compensation till the date of payment. The claimants submitted an application for modification of the award as regards solatium and interest in view of the Amending Act which came into force on September 24, 1984. The Land Acquisition Tribunal granted benefit of the Amending Act and modified the award by passing the following operative order which is subject matter of challenge in Special Leave Petition No. 9434 of 1989. Similar orders have been passed in other two cases also.

"Accordingly, I modify the award to the extent that solatium shall be payable at the rate of 30 per cent instead of 15 per cent granted earlier. Similarly, interest at the rate of 12 per cent per annum is granted from the date of notification under Section 42 of the Punjab Town Improvement Act, 1922, till the date of award of the Collector, the date of possession of the land whichever is earlier.

Further interest is awarded at the rate of 9 per cent per annum on the enhanced amount from the date of delivery of possession till the expiry of one year. Thereafter interest is awarded at the rate of 15 per cent per annum from the date of expiry of period of one year till payment. The applicant shall be entitled to recover the solatium and interest as per the modification indicated above".

4. Aggrieved against the above order, the Hoshiarpur Improvement Trust has come before this Court.

5. In order to decide the controversy, it would be necessary to mention some important dates in each of the above cases.

6. In Special Leave Petition No. 9434 of 1989 the award was given by the Land Acquisition Collector on January 6, 1979. On a reference the award was given by the President Land Acquisition Tribunal, Hoshiarpur on March 28, 1983. The award was modified by the President Land Acquisition Tribunal by order dated August 29, 1988. The High Court dismissed the writ petition filed by the Improvement Trust on February 9, 1989.

7. In Special Leave Petition No. 9521 of 1989 the award was given by the Land Acquisition Collector on April 30, 1982. On a reference the award was given by the President Land Acquisition Tribunal, Hoshiarpur on August 29, 1985. The President Land Acquisition Tribunal modified the award by order dated August 29, 1988. The writ petition filed by the Improvement Trust was dismissed by the High Court on February 9, 1989.

8. In Special Leave Petition No. 10130 of 1989 the award was given by the Land Acquisition Collector on April 30, 1982. On a reference the award was given by the President Land Acquisition Tribunal, Hoshiarpur on August 29, 1985. The award was modified by the President Land Acquisition Tribunal by order dated September 14, 1988. Writ petition filed by the Improvement Trust was dismissed by the High Court on February 9, 1989.

9. Learned counsel appearing on behalf of the Improvement Trust contended that no benefit could have been given under Section 23(1-A) which was inserted by the Amending Act. It was contended that in a recent decision given by this Court in Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama{(1990 1 SCC 277} it has been held that the additional amount under Section 23(1-A) can only be allowed in those cases where proceedings for the acquisition of any land under the principal Act were pending on April 30, 1982 [the