1. Claimants in LAC No. 187/1998 are aggrieved by the market value fixed and the compensation determined for their acquired lands and are therefore before this Court in this miscellaneous first appeal seeking enhancement. Lands bearing Sy. No. 423 measuring 7 acres and Sy. No. 420/2 measuring 12 acres 23 guntas of Mahalbagayat, Bijapur, totally measuring 19 acres 23 guntas were the subject matter of reference in LAC No. 187/1998. The preliminary notification under Section 4(1) of the Land Acquisition Act was published in the Gazette on 17.05.1984. The land was acquired by the 2nd respondent - Bijapur Development Authority, Bijapur, for the purpose of formation of house sites. The Land Acquisition Officer/Assistant Commissioner, Bijapur, passed an award dated 16.09.1986 fixing the market value of the land at Rs. 10,500/- per acre.

2. Aggrieved by the market value fixed by the Land Acquisition Officer, claimants sought and secured reference to the Civil Court. Before the Civil Court, claimant No. 2A Mohammadpasha examined himself as P.W. 1 and two other witnesses were examined as PWs.2 and 3. Exs. P1 to P44 were produced and marked on behalf of the claimants. Respondents examined RW. 1-Suresh, an official of the Bijapur Development Authority and RW.2-Laxman, alleged purchaser of a portion of the land comprised in Sy. No. 423.

3. The Reference Court, on consideration of the evidence on record, both oral and documentary, has found that as per the evidence of P.W.1-claimant and as per the document produced in the form of Ex. P10-an authenticated map of national highways i.e., National Highway Nos. 13 and 218 passing through Bijapur District and Ex. P8-map of Bijapur taluk, it was clear that National Highway Nos. 13 and 218 passed in the vicinity of the acquired areas. The Reference Court has also referred to the map of Mahalbagayat issued by the Tahsildar produced as Ex. P11 which disclosed the location of acquired lands surrounded by other lands, roads and the existence of Bijapur fort etc. in the vicinity. The Reference Court also took note of Ex. D3-award passed by the Land Acquisition Officer who has clearly stated regarding the location of the acquired lands surrounded by well developed areas such as HUDCO Colony, Sangolli Rayanna Colony etc., at the time when 4(1) notification was published in the Gazette.

4. The Reference Court has thus recorded a finding that lands in question had non-agricultural potentiality, even as per the observations made in Ex. D3-award of the Land Acquisition Officer apart from being located close to the National Highways. The Court below has held that the lands in question could not be valued as agricultural lands. However, the Reference Court has proceeded to assess the market value by referring to Ex. D14-judgment and award in LAC No. 1276/1986, wherein the Reference Court had fixed market value of Sy. No. 310 of Mahalbgayat, Bijapur, in respect of 4(1) notification dated 17.10.1982 at Rs. 36,250/- on the ground that the said judgment has been confirmed by this Court in MFA No. 3084/1996.

5. Though the claimants herein placed reliance on another judgment of the reference Court in LAC Nos. 359 and 360/2001 pertaining to the immediately adjoining land, the Reference Court refused to place reliance on the said judgment on the ground that appeal filed against it was pending before this Court in MFA Nos. 7851 and 7852/2007.

6. It is relevant to notice here that in LAC Nos. 359 and 360/2007, lands involved are lands bearing Sy. Nos. 421/1 measuring 30 guntas and 421/2 measuring 5 acres 10 guntas situated at Mahalbagayat, Bijapur. The Reference Court had fixed the market value at Rs. 11/- per sq. ft. taking note of the non-agricultural potentiality and the location of the lands surrounded by the well developed areas. It is also necessary to notice here that the said lands are located immediately abutting the present lands which are subject-matter of these appeals bearing Sy. Nos. 420/2 and 423. It tr