JUDGMENT

K. RAMASWAMY, J.—The common questions of law arose for decision in these appeals hence they are disposed of together. Notification under Section 4(1) of the Land Acquisition Act 1 of 1894 was published in the Punjab State Gazette on January 27, 1978 acquiring 89 acres 4 canals and 12 marlas of land situated in Dhuri village for public purpose, namely to set up new Mandi Township. The appellants claimed at the rate of Rs 30,000 per Bigha but the Land Acquisition Officer after classifying the lands into six blocks A to F, awarded market value ranging between Rs 30,000 to Rs 6,000 per acre. On reference under Section 18 of the Act, the District Judge, Sangrur in his judgment dated May 13, 1981 disagreed with the classification and found that all the lands are possessed of the same quality. Relying on sale deeds, Ex. P-3 dated September 4, 1972, P-5 dated June 14, 1976, P-2 dated February 23, 1977 and P-4 dated July 15, 1977, all small extents, he calculated at an average of Rs 1300 per Biswa and awarded to the lands belonging to Jaswant Kaur, Baldev Singh and Gurdev Singh at the rate of Rs 1,000 per Biswa finding that their lands are abutting abadi (village) and for the rest awarded at the rate of Rs 800 per Biswa with statutory solatium at 15% and interest of 6% per annum on enhanced compensation. Dissatisfied therewith the State filed the appeals and against disallowed claims, the claimants in one batch filed appeals and in another batch filed cross-objections. The learned Single Judge relied on Ex. P-3 and P-5 filed by the claimants and Ex. R-4 and R-6 filed by the State as comparable instances and calculated the average which worked out at Rs 750 per Biswa. He found that the lands are possessed of potential value for future building purposes. Therefore, he carved out belting at a depth of 100 ft. from the main road to those lands, deducted 1/3rd towards developmental charges and awarded the market value at the rate of Rs 750 to the land situated abutting the main road to the depth of 100 ft. and for the balance lands at the rate of Rs 500 per Biswa. The State appeals were allowed and those of the claimants and cross-objections were dismissed. The Division Bench confirmed the judgment of the learned Single Judge. The claimants filed these appeals by special leave. In the first batch no witness has been examined, but in the second batch witnesses were said to have been examined in proof of these documents but their evidence was not made part of the record. Equally of the sale deeds.

2. It is seen that the documents in the second batch P-4 to P-10 include those filed in the first batch. Ex. P-5 is dated September 4, 1972, in which 20 Biswas of land was sold for Ice Factory. It was situated in the town itself. The price fetched therein was Rs 20,000. Therefore, it worked out at the rate of Rs 1,000 per Biswa. Ex. P-10 is dated August 25, 1975, 7 Biswas of land in Dhula village was sold for Rs 75,000 which works out at the rate of Rs 1071 per Biswa. Ex. P-7 is dated June 14, 1976, 3 Bighas 16 Biswas of land situated at Dhula roadside was sold for Rs 4,500 which works out at the rate of Rs 1285 per Biswa. Ex. P-8 dated June 15, 1977 is for 4 Biswas of land at Dhula road sold for Rs 4,000 which works out at Rs 1,000 per Biswa. Ex. P-4 is dated February 23, 1977, 3 Biswas of land in the heart of the town Dhuri was sold for Rs 6,000, which works out to Rs 2,000 per Biswa. Ex. P-6 is dated May 18, 1977, one Bigha 7 Biswas were sold for Rs 1,000 which works out to Rs 370 per Biswa. This land is away from the town and also from the acquired land. Ex. P-9 is dated July 12, 1977, 15 Biswas of land were sold for Rs 24,000 working out at the rate of Rs 1,600 per Biswa. Based thereon it was contended that Ex. P-9 fetches the highest market value and is nearer to the date of notification and would offer comparable price. The High Court ought to have fixed market value at that rate. The High Court committed illegality in relying on two