Hon'ble DR. KOTHARI, J.—These two appeals have been filed by RIICO and land owners against the order of reference court dated 23/9/94. The beneficiary of the land acquisition, RIICO approached this Court by way of present appeal on the ground that the reference court of learned Civil Judge (Sr.Div.), Sriganganagar was not justified in enhancing the amount of compensation for the land acquired for development of industrial area of 17 bighas 1 biswa of land belonging to respondent no.1 under the Notification under Section 4 of the Land Acquisition Act, 1894 dated 3/7/1980 situated at chak Shyam Singh Wala, Tehsil Sriganganagar, whereas, the respondent land owner has approached this Court against the order of reference court with the case that the reference court has awarded lesser compensation and the compensation deserves to be enhanced to at least Rs.10,000/- per bigha of land, which is evident from the sale deeds produced by the land owner before the learned reference court.

2. Mr.Sunil Bhandari for Mr. M.R.Singhvi for the appellant RIICO urged that the award of Rs.3500/- per bigha for the land in question was already without any evidence produced by the land owner and such award of Land Acquisition Officer could at best be considered as appropriate, whereas, the reference court under Section 18 of the Act increased the said compensation by 50% vide impugned order dated 23/9/1994. He further submitted that the market value of the land in question is required to be determined under Section 23 (1) of the Act but the reference Court has wrongly enhanced the same by 50% and also the interest part under Section 23(1) (a) of the Act has been computed for three years upto the date of award @ 12% p.a. amounting to Rs. 36000/- which is excessive and further solatium of 30% could not be awarded to the land owners as the land acquisition in question vide Notification under Section 4 of the Act dated 3/7/1980 is prior to amendment in law. He further prayed that the mater deserves to be remanded back to the reference Court as there is error in computation of interest.

3. On the side opposite, Mr. J.K. Bhaiya for the land owners urged that the sale deed referred to in the award itself shows that the market value at the time of issuance of Notification under Section 4 of the Act was around Rs.7000/- to Rs.8000/- per bigha and further the report of the Tehsildar refers the market value to the extent of Rs.10,000/- per bigha, therefore, the land owners were entitled to more compensation. He also submitted that the land in question was purchased by the respondent land owner by registered sale deed on 7/4/1979 and 11/4/1979 respectively prior to the issuance of Notification under Section 4 of the Act on 3/7/1980, whereas, the land in question stood converted from agriculture to non-agriculture purpose on 18/9/1975 and, therefore, the enhanced rate of compensation deserves to be given. He further justified the grant of solatium and interest to the land owner by the reference court. He referred to the report dated 11/11/1982 of Patwari of 11 LNP area in which the market report of Baran land was shown to be Rs.10,000/-per bigha.

4. He further submitted that since the RIICO had sold the land acquired for it to industrial entrepreneurs @ Rs.22 per sq. yrd. just after acquisition, the compensation ought to have been paid at the same rate.

5. I have heard the learned counsels and perused the record.

6. The land in question was acquired by the Notification under Section 4 dated 3/7/1980, therefore, the market value of the land in question has to be determined with reference to that date. The award in question was passed on 6/7/1983. The land acquisition officer has determined the compensation @ Rs.3500/- per bigha. After considering the various sale deeds of nearby area which were produced before him he came to the conclusion that the market value of Barani land in question is 50-60% of market value of the irrigated land and since the market value of irriga

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