JUDGMENT :

Vipul M. Pancholi, J.

This appeal is filed under Section 54 of the Land Acquisition Act, 1894 against the judgment and decree dated 11.1.1983 rendered by the learned Extra-Assistant Judge, District Court, Ahmedabad (Rural) at Narol, by which the reference filed by the appellant-original claimant came to be partly allowed. Learned District Court awarded Rs.7/- per sq.mt. with 8% additional compensation as severance charges. Interest @ 4.5% was awarded from the date of taking over the possession of the land till the amount is deposited in the court. Learned trial court further directed the Land Acquisition Officer to pay 15% solatium to the claimants.

2. The appellant-original claimant has preferred this appeal for a limited purpose making a grievance that the appellant is entitled to get interest @ 15% and solatium @ 30%.

3. The brief facts leading to the filing of this appeal are as under:

3.1 The land bearing Survey No. 197 admeasuring 1012 sq.mt. was acquired by the Land Acquisition Officer for Sabarmati-Gandhinagar broad gauge railway line. Notification under Section 4 of the Land Acquisition Act, 1894 came to be issued in the Gazette on 3.5.1973, whereas notification under Section 6 of the Act came to be issued on 27.6.1974. The Land Acquisition Officer passed the award on 29.7.1977, whereby the Land Acquisition Officer awarded compensation @ Rs.1.25 per sq.mt. The said award was challenged before the District Court by filing reference, being Land Acquisition Case No. 39 of 1981.

3.2 Before the learned trial court, the claimant examined himself by giving deposition at Exh.13. Documentary evidence was also produced before the trial court. The land is situated near village Chharodi, proximate to the old Ahmedabad-Delhi railway line. The said land is in a fast developed area, and after the acquisition of the land for Gandhinagar Capital Project, the value of the land has also increased. The village has got all the facilities like school and commercial activities. Villages Jagatpur and Tragad are one kilometer away from the land in question. The land is also situated near Sarkhej-Gandhinagar Highway. In support of the deposition given by the claimant, he produced the judgment, Exh.11 rendered by the concerned court, by which compensation in respect of village Khoraj was awarded. Similarly, judgment of village Chandlodiya was produced at Exh.12. It was deposed that village Khoraj is to the north of village Chharodi wherein the land in dispute is acquired. It is pointed out that the High Court enhanced the compensation from Rs.5 to Rs.7 per sq.mt.

3.3 The learned District Court after considering the documentary as well as oral evidence on record granted compensation @ Rs.7/- per sq.mt. against Rs.1.25 per sq.mt. to the claimant. However, interest @ 4.5% was awarded and 15% solatium was awarded in favour of the claimant on the aforesaid amount of compensation.

4. The appellant has, therefore, preferred this appeal, as observed herein above, for a limited purpose with regard to interest as well as solatium.

5. Heard learned advocate Mr. Nitin Amin for the appellant and learned Assistant Government Pleader Mrs. V.S. Pathak for the respondent.

6. Learned advocate Mr. Amin mainly submitted that after the award and decree was passed by the District Court on 11.1.1983, Land Acquisition (Amendment) Act of 1984 being Act No.68 of 1984 came into force from 24.9.1984, and under the provisions of the said Act, more particularly under Section 30(2) and Section 30(3), additional rights and benefits of enhanced rate of solatium and interest were created and granted in favour of the land owners whose lands were acquired. Learned advocate Mr. Amin further submitted that as per the said amendment solatium @ 30% on the market value of the land is required to be awarded to the appellant as per the amended Section 23(2) of the Land Acquisition Act.

Learned advocate Mr. Amin further submitted that under the provisions of said Act No. 68 of 1994, inte