( 1 ) BY filing these appeals under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure the State has challenged the common judgment and order dated 21. 07. 1989 passed by the learned Assistant Judge, Sabarkantha at Himatnagar in Land Acquisition Reference Case Nos. 552 of 567 of 1992 by which the said reference cases were partly allowed. The learned Judge has fixed Rs. 21 per square meter as the appropriate market value of the land and granted Rs. 18. 50 as additional amount of compensation and also granted amount of interest and solatium as per law.

( 2 ) SO far as First Appeal Nos. 2210 of 2001 and 2216 of 2001 are concerned, as per the office endorsement sole respondent has died since long and the State Government has not taken any action in bringing his heirs on record. In this view of the matter, the said appeals are dismissed as having been abated. So far as the rest of the appeals are concerned, since the respondents have been served, the aforesaid first appeals are being decided on merits by this common judgment and order.

( 3 ) ON behalf of the State certain agricultural lands were sought to be acquired for Dharoi-Vatrak Irrigation Project. Section 4 notification was published on 16. 7. 1988. The Land Acquisition Officer declared his award on 31. 7. 1990. In his award he fixed the amount of compensation at Rs. 2. 50 per square meter as against the demand of Rs. 100 per square meter. Since the landowners were not satisfied by the aforesaid amount awarded by the Land Acquisition Officer, at their request, the Reference was made to the District Court under Section 18 of the Land Acquisition Act.

( 4 ) THE learned Assistant Judge of the District Court, Sabarkantha at Himatnagar who by his judgment and order dated 21st July 1998 allowed the said References partly. The learned Judge after considering the order passed in a similar case at Exhibit 105, which was a judgment of the District Court in which the proper amount was fixed for the land of the same village at Rs. 15 per square meter and considering the time-gap of four years in that case and the present case, additional 10% increase was granted and thereby he ultimately fixed Rs. 21 per square meter as the appropriate value of the land in question. Accordingly, after deducting the amount of Rs. 2. 50 which was granted by the Land Acquisition Officer, additional amount of Rs. 18. 50 was granted by the learned Assistant Judge, Sabarkantha at Himatnagar vide his judgment and order dated 21st July 1998.

( 5 ) THE State has filed 13 appeals against the aforesaid judgment and order passed in Reference Cases out of which these 10 appeals are being disposed of by this common judgment and order. As stated above, in two appeals since the original claimants " respondents had expired and no steps are taken by the State Government by bringing their heirs on record, the said appeals are disposed of as abated. I have heard Mr ND Gohil, learned AGP for the appellants and I have also perused the record and proceedings.

( 6 ) ON behalf of the claimants, one Nareshbhai Maganbhai was examined in Land Reference Case No. 561 of 1992. As per the evidence of the said witness, the residential house site plot of the said applicants situated at village Piprana was acquired by the Special Land Acquisition Officer. The said witness has stated that the area in question is surrounded by Dairy, School, Cooperative Society, etc. A reference is also made on behalf of the claimants regarding the judgment given by the District Court, Sabarkantha at Himatnagar in Land Acquisition Reference Case No. 396 of 1987 dated 12. 7. 1993 a copy of which is produced on record at Exhibit 23. In the said case the house site land of the same village was acquired for Vatrak Irrigation Scheme and Notification under Section 4 of the Act was published on 12. 12. 1983. In the said case the District Court has granted Rs. 15 per square meter by considering various sale instances. It is

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