S.S. Sodhi, J.

1. The claim in appeal here is for enhanced compensation for the land acquired The acquired land being of village Bhadroya which is located on the outskirts of Pathankot town. This land was acquired by a notification issued under Section 7(1) of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the Act) on March 6, 1970. The landowners were offered Rs. 60/- per marla as compensation for this land. Being dissatisfied, the matter was referred to arbitration. The arbitrator, by his Award of December 29, 1977, awarded compensation for the land acquired at the rates ranging from Rs. 50/- to Rs. 90/- per marla, depending upon the nature of the land treating it as mere agricultural land. When the matter came up in appeal, however, the learned Single Judge enhanced the compensation to Rs. 200/- per marla by taking note of the fact that as per the site plan exhibit A/14, the land acquired was just outside the Municipal limits of Pathankot town and there was a trend of the town to expand towards that side. Reliance was also placed upon the judgment in F.A. No 194 of 1977 (Hoshnak Singh v. Union of India) decided on the same day, that is, April 6, 1983, where the compensation for 108 acres of land acquired in village Chotepur, on May 25, 1964 had been assessed at Rs. 150/- per marla. Allowing for the increase in the price of land since then, the market value of the land acquired, in the present case, was fixed at Rs. 200/- per marla.

2. According to the landowners, the amount awarded is wholly inadequate having regard to the situation and potentiality of the land acquired and the price at which the land in other villages has been acquired.

3. As reference to the site plan, which has been produced on record, would show that village Bhadroya is located in a considerably more advantageous position than village Chotepur. There was some dispute between the parties as to whether the land acquired came within or fell outside the Municipal Limits of Pathankot town Even if it be treated that it was not within the Municipal limits of the town it would be apparent that it is located right on the outskirts of the town and the plan does indeed tend to suggest that future expansion of the town would have been towards that side No instances of sales of any part of the lard acquired between private individuals are available as this land has been requisitioned for the use of the Army as far back as 1947/1948 and it has continued in the possession of the Army ever since.

4 What is available on record is the Award of the Additional District Judge, Gurdaspur of October 26, 1964 pertaining to the acquisition of 0.96 acres of land in the same village Bhadroya by a notification issued under the Act on May 8, 1962. The compensation then awarded for the land acquired was at the rate of Rs. 200/- per marla, that is, the same as what has now been awarded for the land acquired in 1970. This Award, on the face of it brings out the inadequacy of the compensation awarded in the present case, keeping in view the constancy increasing prices of land, particularly in and around a town like Pathankot.

5. Next to note is the acquisition of land in village Daulatpur by a notification issued under the Act on June 25, 1965. Compensation in that case was awarded at the rate of Rs. 250/- per marla -

6. In the face of the award exhibit A/8 and the market value as assessed of the land acquired in village Daulatpur on June 25, 1965, there can be no escape from the conclusion that the compensation for the land acquired, in the present case, in keeping with the ever-increasing rise in land prices deserves to be fixed at a much higher rate, there can, of course, be no precise measure or yardstick for determining such increase, but looking to the over-all circumstances and situation of the land acquired, it would be fair and just to assess its market value at the rate of Rs. 350/- marla and we accordingly so award compensation to the landowners for their land acquired.

7. The claim of the land-owners was next for solatium and interest on the market value of the land acquired in terms of the recent amendment in the Land Acquisition Act, 1894, by the I and Acquisition (Amendment) Act, 1984. The contention being that the land owners were entitled to 30 per cent solatium on the market value of the land acquired and 9 per cent interest thereon from the date of taking possession of the land upto the period of one year from that date and thereafter at the rate of 15 per cent per annum till payment of the compensation awarded. This claim is indeed well founded. The Full Bench of this Court in Hart Krishan Koshla v. Union of India and Anr. (1974) 76 P. L. R. 658, held that in respect of acquisition of land under the Act, the landowners were entitled to solatium and interest as payable under the Land Acquisition Act, 1894. The judgment was later followed by the Division Bench in Gurcharan Singh and Anr. v. The Union of India 1983 P. L. J. 203, and the Single Bench in Shanker Singh and Ors. v. The Union of India 1975 R.L.R. 6.

8. For the foregoing reasons, the market value of land acquired is assessed at Rs. 350/- per marla and the land-owners are accordingly awarded compensation for the land acquired at this rate along with solatium at the rate of 30 per cent on such market value and interest thereon for the first years, from the date when the possession of the land was taken at the rate of 9 per cent per annum and thereafter at the rate of 15 per cent till the date of payment of the compensation awarded.

9. This appeal is accordingly hereby partly accepted with proportionate costs. Counsels feel Rs. 1000/-. (One set only).

D.S. Tewatia, J.

I agree.