(1) SINCE the respondent had not been represented, we requested learned Advocate Shri G.K. Bansal, to assist the court which he accepted and has given good assistance for which we express our gratitude to him.

(2) THIS appeal by special leave arises from the judgment of the Division Bench of the High court of Bombay in First Appeal No. 169 of 1987, dated 24/4/1987. Notification under Section 4(1 of the Land Acquisition Act, 1894 (for short "the Act") was published on 13/8/1979 in the State Gazette acquiring the land for percolation tank in Village Kasampura. The Land Acquisition Officer by his award dated 17/12/1981 awarded the compensation. At the instance of the claimants, on reference under Section 18 of the Act, the Civil Judge, Senior Division, Jalgaon in his award and decree dated 25/10/1983, enhanced the compensation. It would appear that no appeal was preferred. After the Land Acquisition (Amendment) Act 68 of 1984 had come into force on 24/9/1984, the claimants made an application to the reference court for awarding the enhanced solatium, additional compensation and interest under the Amendment Act. The Civil Judge by his order dated 31/3/1986 allowed the ap