Judgment

K. JAGANNATHA SHETTY, J.:- Special Leave granted.

2. This case raises yet another variant of a vexed question. Does Section 23(2) of the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) providing for higher solatium proprio vigore apply to award made subsequent to 24 September 1984 even though the acquisition commenced prior to the said date. The appeal also raises another important question as to the applicability of Section 23(1-A) providing additional amount of compensation to awards made in such acquisition proceedings.

3. The facts are not in dispute and may be stated as follows:

By notification under Section 4 of the Land Acquisition Act, 1894 (the Act) published in the Government Gazette on 26 October 1967, the State Government declared its intention to acquire the land belonging to the respondent for establishing Naval Air Station Dabolim. On 23 February 1968, notification under Section 6 was published in Gazette. On 5 March 1969 the Land Acquisition Officer declared award determining compensation at the rate of 40 paise per square meter with solatium at 15 per cent.

4. The claimant had sought reference under Section 18 of the Act and reference was duly made to