1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.401 OF 1992 The State of Maharashtra .... Appellant Vs. Pandurang Karbhari Avhad .... Respondent Mrs. S.N. Gawade, AGP for Appellant. None for respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 18th November, 2008 P.C. 1. This Appeal is directed against the order dated 20th September,1991 passed by the Court of Joint District Judge, Nasik in Miscellaneous Application filed in Land Reference No.302 of 1981. 2. The Government acquired an area of 1 H. and 8R. Out of survey No.737 of village Dapur, Taluka Sinnar, District Nasik which belonged to the respondent for the purpose of project of percolation tank at Dapur. The Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the “said Act”) was published on 31st July,1980. Thereafter the Special Land Acquisition Officer declared Award on 31st March, 1981 awarding the total compensation of Rs.7,560/- and 2 solatium at the rate of 15 per cent on the market value of the land. 3. Being dissatisfied with the compensation awarded, the respondent filed Reference under Section 18 of the said Act being Land Acquisition Reference No.302 of 1981. The Reference was decided by the Court of District Judge, Nasik by the order dated 25th January,1983. By the said order, respondent was awarded additional amount of compensation amounting to Rs.9,720/- with statutory solatium of 15 per cent thereon and interest at the rate of 4 per cent on the additional amount including solatium from the date of dispossession till realisation. This order under reference was challenged neither by the State nor by the respondent. It thus became final. 4. After return of the Award by the District Court, the Land Acquisition Act, 1894 came to be amended by Land Acquisition (Amendment) Act of 1984 being Act No.68 of 1984 and certain additional benefits came to be available to the claimants. The respondent then filed an application under Section 152 of Code of Civil Procedure for amendment of judgment and Award to correct arithmetical calculations of the award by extending the benefits the Amendment Act thereto. That application was 3 decided by the order impugned in this appeal. By the said order the respondent was granted additional benefits under Section 28 and 34 of the amended Land Acquisition Act. 5. The State has challenged the said order by filing the instant appeal. It is contended by Mr.Gawade, learned AGP that the learned District Judge failed to appreciate that the Award passed by the Special Land Acquisition Officer is dated 31st March,1981 with the order on the reference thereon dated 25th January,1983 and therefore amended provisions of Land Acquisition Act are not applicable thereto. 6. Though the Amendment Act came into force on 24th September,1984, by the judicial pronouncement of the Apex Court in Union of India vs. Raghubir Singh, reported in (1989) 2 SCC 754, the amending provision became applicable to the Awards by the Collector or the Court even between 20th April 1982 and 24th September,1984. The Award in the instant case having made by 25th July,1983, the same definitely falls within the period of transition i.e. between 30th April 1982, when the bill was introduced in the Parliament and 24th September,1984, when the same became enforceable. Therefore, no fault can be found 4 with the impugned judgment and order. Hence, the First Appeal is dismissed. (SMT. R.P. SONDURBALDOTA,J)