The reference court has jurisdiction to determine the market value of the acquired land afresh and can make a guesstimate of the market value within the parameters indicated by the Supreme Court.

1. - These appeals have been filed by the Union of India ('the U.O.I.') under Section 54 of the Land Acquisition Act, 1894 ('the Act') aggrieved by judgment dated 22.12.2003 passed by the Additional District Judge No.2, Jodhpur; whereby, the references made to it under Section 18 of the Act were accepted and the compensation for land acquired was enhanced from Rs. 10,000/- per bigha as awarded by the Land Acquisition Officer ('the L.A.O.') to Rs. 12,000/- per bigha.

2. As the award dated 13.12.1990 by the L.A.O. and the judgment dated 22.12.2003 on reference, by the Additional District Judge, No.2, Jodhpur are common and appeals raise common questions of law and facts, the same are being decided by this common judgment.

3. The facts in brief are that the U.O.I. through Defence Estate Officer acquired land for defence purposes ad measuring 1716.22 acre comprised in various villages including about 976 bigha 12 biswa land situated in village Desuria Kharolan. Notification dated 17.08.1988 under Section 4 of the Act was issued by the Home Department, Government of Rajasthan and the same was published in the newspapers on 18.11.1988. Urgency clause was invoked and Notification under Section 6 read with Section 17 of the Act dated 15.12.1988 was issued and published in newspapers on 01.01.1989. Notices were issued under Section 9 to the land owners and the L.A.O. after undertaking the procedure as provided in the Act passed the award on 13.12.1990.

4. The L.A.O. called for the District Level Committee ('the DLC') rates from the Sub Registrar, Jodhpur, who indicated the rate of Rs. 11,600/- per bigha based on sale effected on 19.05.1988. The L.A.O. came to the conclusion that large scale acquisition by the Defence is being undertaken, which would result in reduction in means of maintenance for the agriculturists and they would be permanently affected, several land owners would be rendered landless and, therefore, keeping in view the DLC rates sent by the Sub Registrar, Jodhpur for village Desuria Kharolan and as the land was part of Jodhpur Master Plan, he determined the market value at Rs. 10,000/- per bigha.

5. Aggrieved by the award dated 13.12.1990, the land owners sought reference under Section 18 of the Act, which was referred to the Additional District Judge No.2, Jodhpur.

6. Before the reference Court the land owners-claimants sought compensation @ Rs. 30,000/- per bigha and also sought enhancement of compensation for the cost of trees etc. In all 13 references were made, whereby, except for change in area of land acquired from them, the basis for enhancement was same and all of them sought compensation @ Rs. 30,000/- per bigha.

7. All the 13 references were consolidated and a reply to the claim applications was filed by the U.O.I. and the claim for enhanced compensation was disputed. It was submitted that the award passed by the L.A.O. was just, proper and adequate and the same did not require any interference.

8. On behalf of the claimants, evidence of PW-1 Gordhan Ram was recorded and on behalf of the U.O.I. evidence of Altaf Hussain DW-1 was recorded. The claimants exhibited several documents while on behalf of the U.O.I. six documents were exhibited.

9. After hearing the parties, the Additional District Judge No.2, Jodhpur vide impugned judgment dated 22.12.2003 rejected the contention of the claimants that they were entitled to a minimum compensation of Rs. 19,360/- per bigha as the said amount was paid to the State Government for acquiring Government land situated in the same area. However, the Additional District Judge No.2, Jodhpur came to the conclusion that vide Exhibit-5 the Sub Registrar, Jodhpur indicated the DLC rate at Rs. 11,600/- per bigha and vide Exhibit-1 sale deed, which was dated 19.05.1988 i.e. four and a half months before the Notification under Section 4 of the Act, the rate comes to Rs. 11,023/- per bigha and, therefore, Rs. 11,023/- is a minimum rate and Rs. 11,600/- is the maximum rate and as at