AKSHAY H. MEHTA, J.

( 1 ) THE State of Gujarat has preferred these appeals under Sec 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the act ) to challenge the judgment and award made by Civil Judge (S. D.), Rajkot dated 18-11-2000 in Land Reference Case Nos. 422 to 425 of 1989. Since, these appeals involve common questions of fact and law, they are heard together and now they are being disposed of by this common judgment.

( 2 ) THE respondents are the original claimants. They owned agricultural lands at village Adbalka. These lands were needed for construction of Aji-II Irrigation scheme Main Canal. Hence, proceedings under the Act to acquire the land were initiated. Notification under Sec. 4 was published in the Government Gazette on 22-9-1983 and the declaration under Sec. 6 was published on 20-9-1984. Thereafter, all the necessary formalities were complied with by the Deputy collector acting as Land Acquisition Officer and published the award under Sec. 11 of the Act on 17-6-1985. The Land Acquisition Officer determined the market value of the land at Re. 0-90 paise per sq. mtr. The respondents, being dissatisfied with the award, made application under Sec. 18 of the Act for making reference to the Civil Court for enhancement of the compensation. The Collector, after completing necessary formalities, forwarded the statement and relevant record along with the application for reference under Sec. 19 of the Act to the concerned court, and ultimately proceedings were numbered as Land Reference Case Nos. 422 to 425 of 1989.

2. 1. In Land Reference Case No. 422 of 1989, the respondent claimed rs. 33, 630/-for the land, Rs. 10, 089/- for solatium and Rs. 7062-30 paise for legal increase, against the Special Land Acquisition Officer s award of Rs. 4540-05 ps.

2. 2. In Land Reference Case No. 423 of 1989, the respondent claimed Rs. 10,000/-for the land, Rs. 3,000/- for solatium and Rs. 2,100/- paise for legal increase against the award of Rs. 1,350/- made by the Land Acquisition Officer.

2. 3. In Land Reference Case No. 424 of 1989, the respondent claimed Rs. 49,120/-for the land, Rs. 14,736/- for solatium and Rs. 10,315/- for legal increase against the sum of Rs. 6,531/- awarded by the Land Acquisition Officer.

2. 4. In Land Reference Case No. 425 of 1989, the respondent claimed Rs. 72,200/-for the land, Rs. 21,660/- for solatium and Rs. 15,162/- for legal increase against the sum of Rs. 9,747/- awarded by the Land Acquisition Officer.

2. 5. The aforesaid references were made on the ground that the Land acquisition Officer did not determine the correct market value of the lands. According to them, he ought to have given due consideration to the sale instances pertaining to nearby lands, but instead, he had relied on the sale instances which were not relevant and not comparable.

2. 6. The claims of the respondents were resisted by the appellant by filing written statement at Exh. 8 in all the cases. It was averred that the respondents were not entitled to have more compensation than awarded by the Land acquisition Officer and the award was just and proper. It was contended that all the relevant factors were kept in view by the Land Acquisition Officer and on the basis of the same, the market value of the lands in question was determined. The appellant also raised the dispute that the reference applications were not maintainable because they were filed after expiry of period of limitation. The appellant, therefore, prayed that the reference cases deserved to be dismissed.

2. 7. The Court framed the issues at Exh. 6 which were common for all cases. They are as under : whether the applicant proved that the amount of compensation awarded by the Land Acquisition Officer is inadequate ? If yes, what additional amount of compensation should be awarded to the applicant ? whether the present application is time-barred ? what order and award?

2. 8. The Court treated Reference Case No. 425 of 1989 as the main case and consolida

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