The provisions of Sections 23(1-A) and 28 of the Land Acquisition Act, 1984, as amended, are not applicable to cases where the award was made by the Collector or the Court before 30 April, 1982, or where the proceeding was not pending before the Collector on 30-4-82.

S. P. RAJKHOWA, J. :- This appeal is directed against the judgment and decree dated 31st July, 1987 passed by the learned District Judge, Darjeeling in Misc. Judicial (Land Acquisition) Case No. 11 of 1977.

2. This case relates to acquisition of land with building and garden known as Saila­bhas at Kalimpong for accommodation of Civil and Criminal Courts at Kalimpong and Soil Testing Laboratory of the Agricultural Department under L.A. Case No. 3/5 of 1976-77. The total area of the land is 2.115 acres comprising homestead, garden, sukha, bamboo and road classes of land recorded in the settlement record of Mouza Kalimpong town, J.L. No. 56, P. S. Kalimpong, District Darjeeling, covered by C.S. Plot Nos. 7901, 7902, 7903, 7904, 7905, 7906 and 7907. The property has been acquired by Notification No. 26056-L.A. dt. 24-10-75 published in the Calcutta Extra Ordinary Gazette of the same date and Declaration No. 21552-L.A. dt. 23-­12-76 published in Calcutta Extra Ordinary Gazette dt. 24-12-76. The total award of compensation given by the Collector is Rs. 2,95,255/-.

3. The claimants filed an application u/S. 18 of the Land Acquisition Act before the Collector and accordingly the Collector made a reference to the District Judge. After considering the evidence on record the learn­ed District Judge allowed the reference and awarded compensation which is as follows :

(a) Rs. 2,20,979/- for land measuring 2.115 acres;

(b) Rs. 2,61,463/- for building and other structures;

(c) Rs. 30,000/- for fittings;

(d) Rs. 10,000/- for trees;

(e) Rs. 22,181/- for compensation u/S.23(1-A) of the L.A. Act @ 12 per annum from 24-10-75 to 3-3-76;

(f) Rs. 1,56,732/- for compensation u/S.23(2) of the L.A. Act of the total valuation of the land including building, fittings and trees @ 30 per centum

TOTAL Rs. 7,01,355/-

(Rupees Seven Lac One Thousand Three Hundred Fifty-five). Less the amount already drawn.

(g) Interest at the rate of 9% per annum on the excess amount of Rs. 2,32,187/- from the date of award of the Collector to the date of payment u/S.28 of the L.A. Act

(h) Cost of the proceeding fixed at Rs.2000/- to be paid by the Collector to the claimants.

4. Being aggrieved by the judgment and decree, the State has preferred this appeal.

5. The learned counsel for the appellant has mainly urged before us that the learned District Judge erred in law in enhancing the value of the acquired land to Rs. 7,01,355/­- from Rs. 2,95,255/- as awarded by the Land Acquisition Collector and that the reasons given for this increased rate is against the evidence on record; that the claimants filed an objection before the L. A. Collector claiming a total sum of Rs. 1,00,000/- for change of residence, place and business and incidental charges but that the learned District Judge erred in law in enhancing the amount of compensation and further erred in law in appointing a Commissioner and placing reliance on Ext. 1 and that the learned District Judge erred in law in allowing Rs. 10,000/- for the trees, Rs. 30,000/- for fittings in the building and Rs. 2,61,463/- for the building and other structures.

6. From the evidence on record we find that the claimants produced before the learned District Judge, the following sale deeds for laying the foundation for assessing the value of the acquired land :- Ext. 3 is a sale deed executed on 18-6-75 showing a transaction of a parcel of vacant land measur­ing 31¢ x 62¢ = 1922 sq. ft. of D.I.F. Plot No. 104 (old) situated at D. S. Gurung Road of Kalimpong Municipality and within the D.I.F. area of Kalimpong at a consideration of Rs. 13,000/-; Ext. 3(a) is a sale deed dt. 14-7-75 showing a transaction of a parcel of vacant land measuring 20¢ x 19¢ = 380 sq. ft. of Plot No. 227-A situated at Murghi Hatta within the Kalimpong Municipality, Ward No. II, for a consideration of Rs. 1,200/- ­Ext. 3(b) is a sale deed dt. 23rd July, 1975 showing a transaction of a parcel of vacant land measuring 1261/2 sq. ft. of D.I.F. Plot No. 106 (old) situated