Judgment :-

V.S. Sirpurkar, J.

1. Leave granted.

2. This is an appeal against the judgment of the High Court wherein the High Court has awarded the land acquisition compensation @ Rs.39,300/- per bigha. The High Court relied on its earlier judgment without citing the same wherein it had fixed the land acquisition compensation @ Rs.34,150/- per bigha in respect of the Notification under Section 4 of the Land Acquisition Act dated 19.08.1976. On that basis, the High Court, considering the difference of 1-1/2 years, enhanced the amount at the rate of 10 per cent per year and thus granted compensation @ Rs.39,300/- per bigha.

3. The concerned lands are from village Dallupura which have been acquired by the Notification under Section 4 of the Land Acquisition Act dated 22.03.1978 which ripened into the Notification under Section 6 dated 27.09.1978. The High Court, however, specifically ordered that the appellants would not be entitled to the benefit under Section 23 (1-A) of the Land Acquisition Act (hereafter `the Act').

4. Shri P.H. Parekh, learned Senior Counsel pointed out firstly that the claimants in this case could not have been deprived of the benefit under Section 23 (1-A) of th