( 1 ) IN this batch of 46 appeals, claim is for enhancement in the amount of compensation with respect to acquisition of appellants property situated in village Gharauli, which was acquired for the Planned Development of Delhi pursuant to Notification dated 17. 11. 1980, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act) which was followed by Declaration under Section 6 of the Act on 2. 9. 1981.

( 2 ) COLLECTOR, Land Acquisition, on 2. 7. 1983 through his Award No. 18 of 1983-84 while assessing the amount of compensation payable to the claimants fixed the market value of the entire land at Rs. 9,000. 00 per bigha except for a patch of land which was found to be such of which earth had been removed upto 3 feet in depth, for which market value was fixed at Rs. 7,000. 00 per bigha and for another patch of land from which more than 3 feet in depth earth had been removed, the market value was fixed at Rs. 4,000. 00 per bigha. Under the preliminary notification land notified for being acquired was 2600-12 bighas but actual acquisition took place with respect to 2645-19 bighas d. ue to difference in measurement which was carried out when declaration under Section 6 of the Act was made.

( 3 ) FEELING dissatisfied with the amount offered the claimants sought references for determination of the amount of compensation payable to them. Reference petitions came to be decided through various awards by the court of Additional District Judge, Delhi. The earliest award in point of time is dated 20. 7. 1989 in which the market value of three categories of land specified above was fixed at Rs. 23,000. 00 per bigha, Rs. 21,000. 00 per bigha and Rs. l9,000. 00 per bigha respectively instead of Rs. 9,000. 00 , Rs. 7,000. 00 and Rs. 4,000. 00 per bigha as fixed by the Collector. This award made on 20. 7. 1989 was followed in determining the amount of compensation in all other cases except in four cases (which were decided on 20. 8. 1992, 21. 1. 1993 and 28. 1. 1993) in which the Additional District Judge fixed a flat rate of Rs. 76,550. 00 as the market value for all categories of land irrespective of its nature. Now the claimants in these appeals are praying further enhancement in the amount of compensation urging that compensation should be assessed at Rs. l,25,000. 00 per bigha.

( 4 ) THE four awards in which compensation has been assessed at Rs. 76,550. 00 per bigha have given rise to RFAs. 185/93, 222/93, 229/93 and 513/94. In all other appeals the reference courts made award at the rate of Rs. 23,000. 00 per bigha for the first category and for the second and third categories it was assessed at Rs. 21,000. 00 and Rs. l9,000. 00 per bigha respectively. We may also notice that the appeals have been preferred by the claimants for enhancement in the amount of compensation. There is no appeal or cross-objections preferred on behalf of the respondent Union of India in any case for reduction in the amount of compensation.

( 5 ) WE have heard learned counsel for the parties and gone through the records.

( 6 ) LEARNED counsel for the appellants have contended that the acquired land is situated in Gharauli, which is adjacent to village Kondli, U. P. border, NOIDA Industrial area and D. D. A. Colony Mayur Vihar. The land being in close proximity to the Industrial area of NOIDA had gained much importance and was fit for being developed as residential-cum-commercial and industrial complex. The reference court fixed market rate at Rs. 76,550. 00 per bigha for the entire land by comparing the same to lands in village Kondii for which award had been made with reference to the comparable rates of residential plots only in NOIDA. Out of the available figures lowest rates were taken. In fact the reference court ought to have taken the highest comparable rates. After having taken the lowest rates, the reference court proceeded to make further deduction of l/3rd towards development charges which is on a higher