A. B. Saharya ( 1 ) ADMIT. MR. Sharma accepts notice on behalf of Union of India. Since the question involved in the appeal is very short/ on request of parties, the appeal is taken up for disposal forthwith. ( 2 ) IN the present case, notification under Section 4 of the Land Acquisition Act was issued on 13/11/1959 and the declaration under Section 6 of the Act was made on 14/06/1966. Therefore, the applicability of Sub-section (3) of section 4 of the Land Acquisition (Amendment and Validation) Act, 1967 is not in dispute. ( 3 ) THE Civil Court, while granting interest under Section 4 (3) of the said Land acquisition (Amendment and Validation) Act, has excluded the payment of overlapping interest under Section 28 of the principal Act and under Section 4 (3) of the Amending Act. The impugned award and decree is challenged only to this extent. ( 4 ) IN view of decision of the Hon ble Supreme Court in Mamleshwar Prasad and am. v. Union of India and Ors. , Civil Appeal No. 7721/95, decided on 24/08/1995, impugned judgment dated 24. 12. 1996 and the consequential decree shall stand modified to the extent that the proviso added at the end of paragraph-10 of the judgment shall stand deleted. ( 5 ) IN other words, the appellant shall be entitled to payment of interest under section 4 (3) of Land Acquisition (Amendment and Validation) Act, 1967 from the date of expiry of the period of 3 years from the date of notification under Section 4 of the Land Acquisition Act to the date of tender of compensation awarded by the court. This would be over and above the interest payable under Section 28 of the land Acquisition Act. The appeal is accordingly allowed. No costs. Appeal allowed.