( 1 ) THESE group of appeals are preferred under Sec. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) read with Sec. 96 of the Civil Procedure Code, 1908 by the Indian Oil Corporation Ltd. against the judgment and order made by the Reference Court (Asst. Judge, Mehsana) on 29. 2. 00 in L. A. R. Case Nos. 1207/94 to 1229/94 and 1231/94 to 1252/94.

( 2 ) CROSS-OBJECTIONS have been preferred by some of the claimants being Cross-objections No. 168/01 to 211/01 making grievance that the amount of compensation awarded by the Reference Court is not adequate and is required to be enhanced.

( 3 ) FOR public purpose, the lands were to be acquired and hence the notification under Sec. 4 of the Act was published on or about 26. 4. 89 in L. A. R. Case Nos. 10/88, 11/88 and 12/88. After following the procedure laid down in the Act, the notification under Sec. 6 of the Act was published on or about 8. 7. 89. By an award, the Special Land Acquisition officer offered Rs. 8. 75ps. Rs. 8. 00, Rs. 7. 25ps. , Rs. 7. 00 and Rs. 6. 00 per sq. mtr. to the claimants. The claimants were not agreeable and were of the view that the amount of compensation offered is not adequate, hence sought references under Sec. 18 of the Act. Under these circumstances, the Reference Court was required to determine the market price of the lands in question.

( 4 ) THE lands are situated in the sim of village Rajpura, Taluka : Siddhpur. The lands are adjacent to village Sujanpur. The lands of village Sujanpur and the acquired lands have common boundary.

( 5 ) THE award made by the Special Land Acquisition Officer is produced on record from pages 152 to 170. The Chief Engineer, Indian Oil Corporation submitted a proposal for acquisition of land for establishment of storage depot for petroleum products. The dates on which notification under Sec. 4 and 6 were published are indicated in the award. So far as the location is concerned, the Special Land Acquisition Officer has pointed out that the lands sought to be acquired are outside Siddhpur municipal limit. The lands are even and fertile. On eastern side, there is Mehsana-Palanpur National Highway while on the western side, there is railway track leading to Delhi from Mehsana. He has specifically pointed out that the lands acquired are touching survey numbers of village Sujanpur. He has further pointed out that there are agricultural lands adjoining to the lands in question. He has taken into consideration the demand of the occupiers of the lands.

( 6 ) IT was claimed by the claimants that the lands are situated within the city limits of Siddhpur and on the National Highway. It was specifically contended that the lands are situated nearby the area covered under the Town Planning Scheme and therefore the price of the nearby lands are much higher. It was also contended before the Special Land Acquisition officer that the lands have nonagricultural potentiality. It was contended before the Special Land Acquisition Officer that in the neighbourhood of the lands, there was industrial development and therefore the price of the lands would be nearly Rs. 125. 00 per sq. mtr. It was further emphasized that the lands sought to be acquired are situated within Siddhpur Municipal limit and/or near the limit and as the Siddhpur town is developing, the price is much higher. The instances produced before the Special Land Acquisition Officer were considered by him. Some instances which were relied upon were for the lands situated within the municipal limits and were nonagricultural lands and therefore the Special Land Acquisition officer was of the view that the same cannot be taken into consideration. He was of the opinion that instance of survey no. 359/1, which can be said to be nearer to the lands in question in the southern direction, can be taken into consideration. The transaction was @ Rs. 6. 76 per sq. mtr. and the documents were executed on 12. 12. 85. He has taken into consideration other