JUDGMENT

SAWANT, J. (Minority view) :—I have perused the draft of the judgment prepared by my brother Justice Agrawal. Since, I respectfully beg to differ with the interpretation of the relevant provisions of the Act and the conclusions drawn therein, I am impelled to deliver this dissenting judgment.

2. The question of law involved in these matters though a short one, has been the subject of conflicting dicisions of this Court and hence is referred to the Constitution Bench for resolving the conflict. The question is whether the benefit of sub-section (1-A) of section 23 of the Land Acquisition Act, 1894 (the principal Act) is to be granted only in the proceedings for the acquisition of land referred to in clauses (a) and (b) of Section 30(1) of the Land Acquisition (Amendment) Act, 1984, (the amending Act) or it is to be granted in all proceedings pending before the Courts on the 24th September, 1984.

3. To appreciate the controversy, it is necessary to refer to the relevant provisions of the principal Act.

Section 3(d) defines "Court" to mean a principal Civil Court of original jurisdiction, unless the appropriate Government has appointed a special judicial officer within any specified local limits to perform the functions of the Court under the Act. In the context of the other provisions and the scheme of the Act, it means the Court to which the reference is made by the Collector under Section 18 of the principal Act.

Section 11 empowers the Collector, among other things, to enquire into the value of the land on the date of the publications of the notification for acquisition of the land under Section 4(1) and to make an award of the compensation which in his opinion, should be allowed for the land.

Section 15 requires the Collector while determining the amount of compensation, to be guided by the provisions of Sections 23 and 24 of the Act.

Section 16 empowers the Collector to take possession of the land when he has made the award under Section 11 of the Act. On taking such possession, the land vests absolutely in the Government, free from all encumbrances. In case of urgency, Section 17 empowers the appropriate Government to direct the Collector to take possession of the land after 15 days from the publications of the notice under Section 9(1) although no award has been made under Section 11.

Section 18 provides for references to the Court by an interested person, among other things, on the ground that the amount of compensation awarded by the Collector is inadequate. When a reference is made to the Court for determining the amount of compensation, Section 23 requires the Court to take into consideration six factors which are mentioned therein, for determining the market value of the land. Sub-section (1-A) and (2) of the said Section require the Court to award in every case, amounts referred to therein addition to the market value of the land. Sub-section (1-A) provides for an additional amount calculated at the rate of 12 per cent per annum on the market value of the land, for the period commencing on and from the date of the publications of notice under Section 4(1) to the date of the award of the Collector or to the date of taking possession of the land, whichever is earlier. Likewise, sub-section (2) requires the Court to award in every case a sum of 30 per centum on the market value determined under Section 23(1) in consideration of the compulsory nature of the acquisition. This amount is commonly known as solatium and is in addition to the additional amount under sub-section (1-A).

Section 24 enumerates eight matters which are to be ignored while determining the compensation of the land.

Section 25 lays down that the amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector under Section 11. Section 28 enables the Court to direct the Collector to award interest on the excess amount at the rate of 9 per centum per annum from the date on which the possession of the land is taken