ORDER : S.N. Variava, J. - We have heard the parties. 2. All these appeals are against the judgment of the High Court of Madhya Pradesh dated 12th March, 1993. Notification under Section 4 was issued on 5th November, 1965. Section 6 Notification was issued on 25th November, 1965. An award came to be passed on 5th June, 1968. Under the Award the price was fixed, from Rs. 1,000/- to Rs. 1,500/- per bigha, in respect of different lands. All the claimants filed references. The Reference Court by its order dated 31st July, 1978 fixed price at Rs. 10/- per square yard in respect of all the lands, except 2 survey numbers. In respect of those two survey numbers, lower price was fixed as the claimants had claimed a lower price. In the appeal to the High Court, which was disposed of on 12th March, 1993, the award of Rs. 10/- per square yard was maintained. However the High Court, based on an earlier judgment of this Court, granted solatium @ 30% and also granted interest under Section 28 @ 15% p.a. 3. In our view, the valuation arrived at by the Reference Court and confirmed by the High Court cannot be faulted. The only question is regarding solatium and interest. A Constitution Bench of this Court in the case of Union of India And Another v. Raghubir Singh (Dead) By Lrs. Etc. reported in (1989) 2 SCC 754 has held that the amended Section 23(2) of Land Acquisition Act, 1894 can only apply to awards which have been passed by the Collector or the Reference Court between 30th April, 1982 to 24th September, 1984. The Constitution Bench has held that the amended Section 23(2) would apply only to appeals against such awards pending in the High Court or the Supreme Court. In view of this decision, the judgment of the High Court granting solatium @ 30% cannot be sustained. We, therefore, direct that the solatium shall be @ 15% p.a. as per the unamended Section 23(2). 4. As stated above, the High Court has granted interest at the rate of 15% under Section 28. Section 28 of the Land Acquisition Act, as it stood on the relevant date, provided that on the enhanced compensation interest shall be @ 6% p.a. for one year from the date of possession.
4. As stated above, the High Court has granted interest at the rate of 15% under Section 28. Section 28 of the Land Acquisition Act, as it stood on the relevant date, provided that on the enhanced compensation interest shall be @ 6% p.a. for one year from the date of possession. Thereafter, interest is to be at the rate of 15% p.a. till payment in Court. Accordingly, we direct that interest under Section 28 shall be @ 6% p.a. for the first year from taking possession and thereafter @ 15% p.a. 5. The appeals stand partly allowed to the above extent. There will be no order as to costs.