Gurusharan Sharma, J.

1. These 38 appeals, filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) arose out of a common judgment and therefore, have been heard together and are disposed of by a common judgment.

2. On 16.10.1987, Notification No. 366 dated 10.9.1987, under Section 4 of the Act was published in Hazaribagh District Gazette for acquisition of total 14.87 acres land of Khata Nos. 2, 3, 5, 6, 9, 10, 12, 13, 14, 15, 16, 18, 19, 20, 24, 25, 28, 35 and 97, situated in village Rundai, within Gola Police Station of Hazaribagh District, for the purpose of excavating and laying out canal to be commonly known as "Bhairwa Jalsai Project."

3. The Collector under the Act prepared the awards, under Section 11 of the Act, which, were pronounced on 14.2.1989 and on the same day possession of the lands under acquisition was also taken by the State Government.

4. Nature of lands as recorded in Khatiyan was Tand I, II and III, Dhan I, II and III and Parti and there were also four wells thereon. The Collector under the Act assessed rate of compensation for Dhan I and Tand I lands (c) Rs. 27,272.00. for Dhan II @ Rs. 17,045.001, for Dhan III @ Rs. 13,636.00, for Tand II @ Rs. 6818.00 for Tand III @ Ra. 1704.50 and for Parti Rasta lands (c) Rs. 852.25 per acre.

5. At the instance of the owners of the land, references were made under Section 18 of the Act and L.R. Case Nos. 124 to 161 of 1989 were registered before the First Subordinate Judge-cum-I and Acquisition Jude, Hazaribagh.

6. Landowners awardees claimed prevailing market value of the lands under acquisition during the year 1987-88 @ Rs. 2000.00 per decimal. According to them for similar lands of village Sondai, Chitarpur, and Mile, which were very close to village Rundai and were acquired in the year 1980 for construction of new railway line by the Central Coalfields Limited, on reference made under Section 18 of the Act, vide I.R. Case Nos. 55 to 64 of 1985, the Land Acquisition Judge had also awarded compensation @ Rs. 2000.00 per decimal and as such they were also entitled to the compensation at the same rate. Their further case was that the lands under acquisition were situated in the vicinity of National Highway No. 23 and Gola road Railway Station of South Eastern Railway was situated very close to it. Rajrappa project was expanding and its coal washery, cinema hall and college were also situated nearby. Besides the aforesaid location, for the purpose of its future potential abilities, the lands were also capable of yielding three crops in a year due to good irrigational facility.

7. In order to substantiate their claim of compensation at the flat rate of Rs. 2000.00 per decimal for entire 14.87 acres land, the landowners examined AW 1 who stated that during relevant year, market value of the land under acquisition was @ Rs. 2000.00 per decimal. He further stated that Rundai village, where the lands are situated, is on the eastern side of river Bhera.

AW 2 stated that his brother Nemdhari Mahto had sold half decimal land at Rs. 1200 in the year 1986, which was Tand land. He further stated that the lands were irrigated from water of Bhera river, which was always available.

AW 3 deposed that there were wells over the land which was subject-matter of I.R. Case Nos. 129. 130. 132 and 134 of 1989, from which those lands were irrigated. The Land Acquisition Judge observed that there was no mention about well in the entire pleadings in L.R. Case No. 132 of 1989 and as such evidence of AW 3 to that extent was beyond pleadings and, therefore, was not acceptable.

8. The awardees brought on record seven sale deeds which were marked Exhibits 2 to 2/G. Inadvertently, the sale deed dated 11.12.1986 was marked twice as Exhibits 2/B and 2/C. Exhibit 2 is dated 6.5.1986 whereby 1/2 decimal land, in village Rudai was sold for Rs. 1200.00. Exhibit 2/A is dated 11.12.1986, whereby 5 decimals land in village Beyang of Ramgarh Police Station was sold