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5. These cases pertain to the transitional period between the 1894 Act and the RFCTLARR Act, 2013. As already noticed, the notification under Section 4 and 6 were issued under the 1894 Act, whereas the LAC has passed the awards under the RFCTLARR Act, 2013. The awards under the RFCTLARR Act, 2013 have been passed in view of Section 24 (1) (a). At this stage, it is considered appropriate to reproduce section 23, 24 of the 1894 Act and Section 4, 11, 24, 26, 30, 69, 107, 113, 114 of the RFCTLARR Act, 2013.

9. Section 28 of the RFCTLARR Act, 2013 lays down the various parameters to be kept in mind by the Collector while assessing the market value. Section 30 provides that the Collector after having assessed the compensation to be paid as per Section 26 (1 and 2) (including value of things attached to land or building), shall award a solatium amount equivalent to 100% of the compensation amount. It is significant to note that the amount of solatium is required to be calculated on the compensation amount which includes the determination made by the Collector in accordance with Section 26(1), (2) and (3) of the RFCTLARR Act, 2013, as the case may be. On a careful reading of Section 27, it is evident that the Collector is required to calculate the total amount of compensation including the market value of all the assets attached to the land. Sub-section (3) of 16 of 56 and other connected cases -17- Section 30 provides that the Collector shall, in every case, award an amount calculated at the rate of twelve per cent per annum on such market value for the period commencing on and from the date of publication of the notification for conducting Social Impact Assessment study of the land proposed to be acquired under sub-section (2) of section 4 of the RFCTLARR Act, 2013, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. However, there is an anomaly in the RFCTLARR Act, 2013. Under Section 69, the aforesaid interest is required to be calculated from the date of notification under Section 11 of the RFCTLARR Act, 2013, whereas Section 30(3) provides that the interest/additional amount shall be calculated from the date of notification under Section 4(2) of the 2013 Act.

Discussion on question No.1 and 2.
14. Section 23 of the 1894 Act specifically provides that the crucial date for assessment of the market value of the acquired land shall be the date of publication of notification under Section 4(1) of the 1894 Act. Further, the additional amount/benefit under sub-section(1-A) of Section 23 of the 1894 Act is, also, required to be calculated from the date of publication of notification under Section 4(1) till the date of award of the Collector or the date of taking possession of the acquired land whichever is earlier. Section 24(1)(a) of the RFCTLARR Act, 2013 which specifically takes care of transitional period between the 1894 Act and the RFCTLARR Act, 2013, does not provide that the date of enforcement of the Act shall be construed as the date of issuance of notification under Section 4(2) or Section 11 of the RFCTLARR Act, 2013. Proviso to sub-section (1) of Section 26 provides that the date of determination of the market value shall be the date on which the notification has been issued under Section 11 of the RFCTLARR Act, 2013. Notification under Section 11 is a preliminary notification issued by the Government expressing its desire to acquire the land.
17. The learned senior counsel representing the appellant very ably assisted by various learned counsels has submitted that Section 24 (1)(a) of the RFCTLARR Act, 2013, in fact, saves the proceedings of acquisition of land for public purpose which could not be finalized under the 1894 Act, therefore, the date of assessment of the market value has to be as on 01.01.2014. While elaborating, he submitted that once all the provisions of the RFCTLARR Act, 2013 are applicable, then the preliminary notification under Section 4 or 11 cannot be before 01.01.2014 i.e. the date of enforcement. While referring to Section 25, he submits that under the RFCTLARR Act, 2013, the appropriate government has enabling power to extend the period of 12 months, if, in its opinion, circumstances exist justifying the same. While referring to section 26, he contends that since the assessment is to be made on the date of issuance of preliminary notification which cannot be before 01.01.2014, therefore, the aforesaid communication is consistent with the provisions of the Act. He has drawn the attention of the Court to Section 69, which provides for determination of the amount by the authority (RC). He also refers to Section 107 as well as the schedule attached to the RFCTLARR Act, 2013. The first schedule attached to the RFCTLARR Act, 2013 provides that the market value of the acquired land is to be determined as per the criteria provided under Section 26(1) of the RFCTLARR Act, 2013 which is thereafter, multiplied by the factor to arrive 23 of 56 and other connected cases -24- at the amount of compensation. It also provides for award of 100% solatium. Section 107 provides that the State Legislature has the enabling power to enact only such law which is more beneficial for the affected families. The State Legislatures are restricted from enacting any law which is less beneficial to the affected families, than the RFCTLARR Act, 2013. The aforesaid memo or instruction is supplementing the Act and not supplanting it. The learned counsel relies upon the following judgments:-