These appeals arising out of land reference Nos. 365/89, 366/89, 367/89, 370/89, 371/89, 373/89, 374/89, 377/89, 23/95, 26/95 question the correctness of the Judgment and Award passed by the District Judge, Nashik, enhancing the compensation granted to the respondents/claimants in references filed under Section 18 of the Land Acquisition Act. The Land Acquisition Officer, National High Way Nashik (Special Land Acquisition Officer) published a Notification under Section 4 of the Land Acquisition Act on 20.8.1981, followed by declaration under Section 6 on 24.3.1983 and an Award under section 11 on 23.6.1986. Though the Notification under section 4 was issued on 20.8.1981, possession of the land has been taken little prior thereto i.e. on 16.7.1981. The claimants accepted the award under protest and moved reference applications under Section 18 of the Act, respectively. The present appeal relate to the claimants whose lands are covered by the said same notification. The lands of all claimants were acquired for the same project under the same notification and hence, all the references are decided jointly and disposed off by a common Judgment.

2. The following particulars would indicate the land reference numbers, land gat numbers and the area of land acquired : Sr. No. L.R. No. Land Gat Nl. Area acquired. 1. 365/89 20 1 H. 99 R.& 0.6 PK. 2. 366/89 62 1 H. 29 R. 3. 367/89 21 0.43 R. & 0.02 PK 4. 370/89 23 0.37 R. 5. 371/89 65 0.62 R. 6. 373/89 63 1.25 R. 7. 374/89 138 0.62 R. 8. 377/89 27 1.48 R. 0.06 PK. 9. 23/95 66 1.25 R. 10. 26/95 19 2.94 R. & 0.05 PK. The Special Land Acquisition Officer (SLAO) had made grouping of the lands and decided to award compensation based on the groups which encompasses the land. For Group I, the market value determined by the SLAO was Rs.4500/- P.H.; for Group II the market value was Rs.5800/- P.H. And for Group III the market value was Rs.9000/- P.H. As stated hreinabove, the claimants not being satisfied with the quantum of compensation awarded to them, filed reference applications under Section 18 of the Act.

3. The claimants examined as many as 5 witnesses and proved 10 the relevant documents with a view to establish the potential of the land and other features which would entitle them to claim higher amount of compensation. The District Judge grouped the land in 3 categories, i.e. Bagayat, Jirayat and Pot Kharab. The compensation for Bhagayat land has been granted by the Reference Court at the rate of Rs.48000/- P.H.; whereas Jirayat Land the same has been granted at the rate of Rs.32000/- P.H. and for Pot Kharab the same has been granted at the rate of Rs.2000/- P.H.

4. Before we proceed to deal with the evidence led by the claimants before the District Court, it wold be relevant to note that the appellant/State chose not to file written statement before the District Court and has also not led any evidence whatsoever. As the lands which are subject-matter of these appeals were adjoining lands covered by the same Notification issued for the same project, the lands are by and large having the same potential depending upon the criteria of Bagayat, Jirayat and Pot Kharab. Common evidence was recorded by the District Judge as the land references were clubbed and evidence has been recorded in Land Reference No.365/1989. The claimants had placed on record two sale deeds. One sale deed is dated 28.5.1982 which is proved and marked Exhibit 26. The sale instance is in respect of sale of a land admeasuring 1 hectare from the same Village Wakad. The said land was sold at the rate of Rs.40,000/- per hectare. C.W.2 Dattatraya Somvanshi is a witness to the sale deed at Exhibit-26, wherein one hectare of land fetched Rs.40,000/-. He categorically deposed that the land sold under sale deed at Exh.26 was Jirayat land. The other sale instance which has been brought on record by the claimants is dated 4.12.1981, whereby land admeasuring 21 R. was sold for Rs.10,000/-. This sale instance is proved by ex