JUDGMENT

PARIPOORNAN, J.- Leave granted.

2. This appeal is filed against the judgment dated 9-5-1986, of the Division Bench of the High Court of Punjab & Haryana, in LPA No. 139 of 1986 and CM No. 903 of 1986, affirming the judgment of the Single Judge rendered in RFA 390/75 dated 25-10-1985 regarding the award of compensation made under the Land Acquisition Act. The appellant-Society is running educational and charitable institutions in the State of Haryana. For providing a playground to one of its colleges, the appellant-Society got acquired 7 bighas of land belonging to the second respondent in this appeal (original claimant in the land acquisition proceedings), under the Land Acquisition Act, 1894, hereinafter referred to as "the Act". Notifications under Section 4 of the Act were issued on 15-5-1968, and 11-6-1968. The notification under Section 6 was issued on 13-8-1969. By an award dated 29-9-1970, compensation was awarded to the second respondent - the landowner, at the rate of Rs 12,000 per acre and Rs 1000 as price of the well apart from 15% solatium and 6% interest, from the date of notification up to the date of award.

3. In the reference to court at the instance of the appellant as well as the third respondent, the Additional District Judge, by judgment dated 30-12-1974, awarded the enhanced compensation at the rate of Re 1 per sq. yd. for the entire land and further interest at the rate of 6% per annum under Section 4 of the Act from the date of notification till the additional amount was paid to the claimant. In the appeal filed by the claimant before the High Court of Punjab and Haryana in RFA No. 390 of 1975, a learned Single Judge of that Court by judgment dated 25-10-1985 enhanced the compensation for the land acquired at the rate of Rs 8 per sq. yd. The learned Single Judge also awarded 30% of the market value of the land acquired as solatium, along with 12% of such market value from the date of notification under Section 4 of the Act till the date of taking possession of the land and interest at the rate of 9% per annum for the first year and thereafter at the rate of 15% till the date of payment of compensation for the land acquired. It is against the aforesaid judgment the petitioner/appellant filed LPA No. 139 of 1986 before the Division Bench, wherein the award of compensation was not interfered with.

4. We heard counsel for the appellant Shri H.M. Singh and also the counsel for the respondents Shri Mahabir Singh. The main grievance of counsel for the appellant was that the Division Bench was in error in declining to consider the issue of enhancement of compensation and the resultant benefits awarded by the learned Single Judge. We find from a close perusal of the judgment of the District Judge and also the learned Single Judge, that the land acquired possessed all characteristics of a potential building site for both residential as also commercial or industrial purposes and it was near to other buildings and establishments. Considering the totality of the circumstances and other relevant particulars, the learned Single Judge noticed that the rates of land in the locality had gone up to Rs 9 per sq. yd. in 1967 and has still gone up to Rs 11 per sq. yd. in 1970 and 1971. In the circumstances, the learned Single Judge fixed the market value for the land acquired at Rs 8 per sq. yd. We are of the view that considering the importance of the locality, the potential of the land, and the user to which it can be put, the fixation of the market value of the land acquired at Rs 8 per sq. yd. is reasonable and the Division Bench in appeal did not rightly interfere with the above determination. We hold that the fixation of the market value of the land acquired at Rs 8 per sq. yd. is reasonable and proper.

5. The Land Acquisition (Amendment) Act, 1984 (Act No. 68 of 1984) became law on 24-9-1984. The appeal filed by the claimant was pending before the learned Single Judge of the High Court on the day when the Amendmen