( 1 ) THESE appeals have been directed by the appellants, the second Additional Special Land Acquisition Officer and the Executive Engineer, against the common award and judgment of the 2nd Joint District Judge, Ahmedabad (Rural) at Mirzapur in land acquisition cases pertaining to the lands of village Nani ratnai belonging to the claimants-respondents which were acquired for the construction of Suraj-Dabhsar-Odhav-Solgam-Mandal drain dated 21/01/1989.

( 2 ) THE Executive Engineer, Irrigation Division. Jilla Panchayat, Ahmedabad proposed by his letter dated 17/03/1981. addressed to the Collector, Ahmedabad to acquire the lands detailed therein of the village Nani Ratnai. Tal. Viramgam for the construction of Suraj-Dabhsar-Odhav-Solgam-Mandal drain and the Collector, ahmedabad authorised the Second Additional Special Land Acquisition Officer by his letter dated 11-5-1981 to make necessary procedure for acquisition of the said lands. The claimants-respondents are the owners of the lands which were the subjectmatter of the aforesaid letter.

( 3 ) NOTIFICATION under Sec. 4 of the Land Acquisition Act, 1894 was published in the Government of Gujarat Gazette on 10-2-1983 for the acquisition of the lands for the public purpose as aforesaid. Notification under Sec. 6 of the said Act was published in the Government of Gujarat Gazette on 29-9-1983. The necessary notices under Sec. 9 of the Act were given to the claimants-respondents for their putting appearance for the purpose of determining the compensation. The respondents- claimants have claimed the compensation for compulsory acquisition of their lands at the rate of RS. 8,000. 00 to 10. 000/- per bigha. The Land Acquisition Officer passed the award on 7-3-1984 and awarded the compensation to the respondents-claimants for compulsory acquisition of their lands at the rate of Rs. 62. 00 per Are. The respondents-claimants were not satisfied with the aforesaid award of compensation awarded to them by the Land Acquisition Officer and prayed to the said authority for making references of the matter under Sec. 18 of the Act, 1894 to the Civil court. Their prayer has been accepted and the references have been made to the district Court, Ahmedabad (Rural), which ultimately came to be decided by the 2nd joint District Judge, Ahmedabad (Rural) at Mirzapur on 21-1-1989.

( 4 ) THE Reference Court under the impugned award granted the additional compensation to the respondents-claimants at the rate of Rs. 4. 38 per sq. mt. So far as the owners of the lands bearing Survey Nos. 108/2 and 108/4. it was ordered that they will get 5% less amount of the compensation as their lands were of new tenure or restricted tenure. Further, the Reference Court has awarded to the respondents-claimants 12% more on the market value of the acquired lands for the period from 10-2-1983 to 7-3-1984 under Sec. 23 (1-A) of the Land Acquisition act, 1894. Hence, these appeals before this Court by the appellants.

( 5 ) LEARNED Counsel for the appellants contended that the learned Reference court has committed serious error in awarding compensation to the appellants relying on its previous decision vide judgments Exhs. 43 and 44. Those previous decisions of the Reference Court were though in respect of the same project, the subject-matters of those references were lands of different villages which were situated at a distant place and were not of same fertility. It has next been contended that the Reference Court has committed serious illegality in awarding 12% more on the market value of the acquired lands to the respondents-claimants for the period from 10-2-1983 to 7-3-1984 under Sec. 23 (1-A) of the Act. 1894.

( 6 ) ON the other hand, the Counsel for the respondents contended that earlier award of the acquisition of the lands more so when those lands were acquired for the same project and were situated within reasonable proximity of distance and were of same fertility are material and relevant and Reference