Hon’ble Manoj Misra, J.—I have heard learned Standing Counsel for the appellant and Sri P.C. Shukla holding brief of Sri N.C. Rajvanshi for the claimant-respondents and perused the record.

2. This appeal, under Section 96 of the Code of Civil Procedure read with Section 54 of the Land Acquisition Act (hereinafter referred to as the Act), has been filed against the judgment and order dated 16.4.1988 passed by the District Judge, Muzaffarnagar in Misc. Case No. 243 of 1986 whereby the application of the claimant-respondents to modify the award dated 15.2.1985 passed in L.A.R. No. 164 of 1978 has been allowed and the award dated 15.2.1985 has been modified by increasing the awarded solatium from 15% to 30 % and the interest payable under Section 28 of the Act from 6% p.a. to 9% p.a.

3. The undisputed facts are that land acquisition proceedings were initiated vide notification dated 5.5.1976, under Section 4(1) of the Act, followed by notification dated 6.5.1976, under Section 6(1) of the Act. Possession was taken on 29.6.1976 and 27.4.1977, followed by an award of the Special Land Acquisition Officer dated 30.3.1978. The claimant-respondent objected to the proposed compensatio