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 speci