S.B. SINHA, J.

This first appeal is directed against the judgment and award dated 14.4.1977 passed by Shri M.K. Verma, Subordinate Judge, Ranchi in L.A. Case No. 93 of 1974 whereby and whereunder the said learned court allowed the application in part filed by the appellants under Section 18 of the Land Acquisition Act, in part.

2. Admittedly, a notification under Section 4 of the Land Acquisition Act, was issued on 28.8.1971 whereby and whereunder the land in question namely 30 decimals of lands situate in Ward Nos. 5 and 6 of Doranda within Ranchi Municipality was fought to be acquired. A declaration under Section 6 of the said Act, was issued on 15.11.1971.

3. The land in question is in two blocks i.e. Plot No. 2631/1 being House Bari measuring an area of 98 karies and Block No. B, Plot No. 2631/2 measuring an area of 202 karies, thus measuring a total area of 300 karies; which is equivalent to 30 decimals of land.

4. The learned Land Acquisition Judge has granted compensation @ Rs. 66, 550/-per acre in respect of plot no. 2631/1 and compensation @ Rs. 39, 930-in respect of plot No 2631/2.

5. According to the appellants, the lands in question is situate in the heart of the town and a commercial area. It is further alleged that there are shops on both sides of the road and the land in question is very near to the Railway Station and depot belonging to the Bihar State Road Transport Corporation. According to the appellants, the lands in question have potential value as the same was on the side of main road. In fact, the land in question was acquired for construction of an over bridge.

6. The appellants claimed compensation for a sum of Rs. One Jack only. However, the learned court below granted, upon consideration of the evidences on record; a sum of Rs. 23500/-, apart from the statutory solatium and interest. This appeal is valued at Rs. 66, 500/-.

7. Mr. N. K. Prasad, the learned counsel appearing on behalf of the appellants, submitted that in view of the fact that a deed of sale dated 14.12.1982 (Ext. 5/A) was proved on behalf of the appellants wherefrom it would appear that is Kathas 12 ½ dhoors of land, were sold for a sum of Rs. 55,000/-the learned court below ought to have held that compensation shall be awarded for acquisition of the land in question @ Rs. 10, 000/- per katha.

8. The learned counsel further submitted that it is true that by reason of Ext. 5/B which is a sale deed of the year 1971, the land which was the subject matter of the said sale deed was sold a Rs.15,00/- per katha but there are evidences to show that the said land was situate at a place far away from the main road.

9. The learned counsel, therefore, submitted that the valuation of the land situate in a commercial area being near to the Railway station and the bus depot of the Bihar State Road Transport Corporation and that too by the side of the main road cannot be equated with the value of the land which is situate far away from the main road and for approaching the same, a road had to be specially constructed as per evidence of C. W. 9.

10. It appears that the learned Land Acquisition Officer as also the learned Land Acquisition Judge relied upon a rate report (Ext. A).

11. From the judgment of the learned court below, it appears that he did not accept the valuation as reflected in Ext. 5/A only on the ground that the said deed of sale was executed more than 3 years prior to the date of notification under Section 4 of the Land Acquisition Act.

12. In my opinion, the learned court below was not correct in his approach. It is now well settled by various decisions of the Supreme Court of India as also this Court that valuation of a land in a Land Acquisition Proceeding should be computed on the basis of the sale deeds which has been executed in respect of the lands at about the time when the notification under Section 4 of the Act, was issued. However, in absence such It document, the court has to consider all the available documents and in computin