This appeal is directed against the judgment and award dated 13.8.1998 passed by the Joint Civil Judge, Senior Division, Amravati in Land Acquisition Case No.115/1987.

2] The lands and residential structures of village Warud Bagji in Amravati District were compulsorily acquired for Upper Wardha Irrigation Project. Total plot area 226.50 sq meter having construction admeasuring 114.02 sq. meter owned by the respondent was acquired and for that the Reference Court granted compensation @ Rs.500/-per sq. meter for the constructed portion and Rs.25/-per sq. meter for the open plot. Thus total compensation awarded to the respondent comes to Rs.59,822/-. This judgment and award is under challenge in this appeal.

3] The land owner mainly relied on the evidence of expert-witness and C.S.R. Rates of 1990. Taking C.S.R. Rate 1990 as base, the learned Reference Court enhanced the compensation. Learned A G P Mr. Yengal contended that the evidence relied upon is wholly insufficient to enhance the compensation either for constructed portion or for open plot area. None for the respondent. The point arises for my consideration is:

A] Whether the learned Reference Court was justified in awa