M.P. THAKKAR, J. (1) THE land of the appellant was acquired under the Land Acquisition Act (Act) for a public purpose. The relevant notification under S. 4 of the Act was issued on 22/04/1955. The appellant has been awarded compensation by the High court @ Rs. 8,000.00 (Rupees eight thousand only) per acre by the judgment under appeal. The compensation so awarded works out at about Rs l.70 paise per square yard. The land is situated within the municipal limits of Gurgaon. The land under acquisition admeasures about 17.22 acres. The record shows that a similar parcel of land belonging to the appellant himself was placed under acquisition for a public purpose pursuant to a Section 4 notification issued in 1949. The said parcel of land was situated opposite the land under acquisition just across the Basai Road. In other words the land under present acquisition is on the south of Basai Road whereas the land belonging to the appellant which was placed under acquisition six years earlier in 1949 is just across Basai Road immediately towards its north. The lands are in proximity of each other and comparable in all respects having regard to the size as also situation. In fact, the appellant could well claim compensation for the land under the present acquisition at a somewhat higher rate than that was awarded in respect of the block of land on the north of Basai Road which was acquired six years earlier. For two reasons, namely, (i) it is a matter of common knowledge that land prices have been rising with the passage of time; (ii) the land on the immediate north just across the road having been acquired for a public purpose, the potentiality of the land on the south of the Basai Road had also improved. The record shows that in respect of the north block which was placed under acquisition in 1949 the High court by its judgment dated 23/11/1957 rendered in CivilNo. 79 of 1955 had awarded to the appellant compensation @ Rs. 3.00 (Rupees three only) per square yard. Under the circumstances in any view of the matter the appellant would be entitled to compensation at the same rate in regard to the land on the southern block which is the subject matter of the present proceedings and which has been acquired for the present acquisition six years later.
3.00 (Rupees three only) per square yard. Under the circumstances in any view of the matter the appellant would be entitled to compensation at the same rate in regard to the land on the southern block which is the subject matter of the present proceedings and which has been acquired for the present acquisition six years later. We, therefore, allow the appeal, modify the judgment and order of the High court and direct that the appellant shall be paid compensation @ Rs. 3.00 (Rupees three only) per square yard (instead of the rate of Rs. 8,000.00 per acre awarded by the High court) in regard to the land under acquisition alongwith solatium and interest till the date of the realisation. As regards the rate at which the appellant is entitled to claim solatium and interest, we will have to pass a conditional order for the reason which will become apparent presently. A division bench of this court has taken the view that the Amending Act No. 68 of 1984 of the Land Acquisition Act has retrospective operation. This judgment has been referred to a larger bench for reconsideration. The said matter has been heard by the Constitution Bench, but the judgment is awaited. Under the circumstances, we direct that the solatium and interest shall be paid to the appellant in accordance with the decision to be rendered by the Constitution Bench in appeal arising from Special Leave Petition (Civil) Nos. 8195-8196 of 1985. The appeal is accordingly allowed. There will be no order as to costs.