Since both the appeals have arisen out of the judgment and decree dated 4.10.2008 passed by the District Judge, Dehradun in Land Acquisition Reference No. 185 of 2005, Harish Chandra and others Vs. Collector Dehradun and another, therefore, for the sake of convenience, both the appeals are being decided by this common order.

2. Both the appeals under Section 54 of the Land Acquisition Act (for short the Act) are directed against the judgment and decree dated 4.10.2008 passed by the District Judge, Dehradun, in Land Acquisition Reference No. 185 of 2005, Harish Chandra and others Vs. Collector Dehradun and another, whereby the learned Reference Court has awarded compensation of land under acquisition @ Rs. 3,000/- per sq. mt. and also awarded compensation towards cost of construction made thereon to the tune of Rs. 63,000/- and other amounts as detailed in the impugned order.

3. Land measuring 0.194 hectare of village Majri Mafi, Pargana Parwadoon, Tehsil and District Dehradun was proposed to be acquired by the Marketing Division Bareilly of Indian Oil Corporation Limited for installation of petrol pump. Notification under Section 4(1) of the Act was published in the official Gazette on 8.1.2004 followed by notification under Section 6(1) of the Act, which was published on 18.5.2004. Publication was also made in two Hindu newspapers regarding notifications to that effect. Consequently, land of Khasra No. 78Ka, area 0.010 Hectare, Khasra No. 78Kha area 0.080 Hectare and Khasra No. 81, area 0.064 Hectare (total 0.154 Hectare) belonging to claimant Harish Chandra, land measuring 0.20 Hectare of Plot No. 78Ka belong to Km. Poonam and land measuring 0.20 Hectare of plot No. 78Ka belonging to claimant Km. Sangeeta was acquired and possession thereof was taken on 6.12.2004. After completing other formalities, the Special Land Acquisition Officer (for short SLAO) passed Award on 15.3.2005 thereby compensation @ Rs. 54,99,862.50 per Hectare was awarded to the claimants with all other statutory benefits including 30% solatium, 12% additional amount and interest under Section 28 of the Act.

4. The claimants were not satisfied by the award made by the SLAO hence a reference under Section 18 of the Act was made by the Collector, Dehradun for adjudication of market value of the compensation. The reference was registered as L.A. Case No. 185 of 2005, Harish Chandra and others Vs. Collector Dehradun and another before the reference Court. The reference has been made mainly on the ground that the compensation awarded by the SLAO is inadequate, while the claimants have claimed that they are entitled to compensation @ 4000/- per sq.mt. It was also asserted that the land under acquisition is having residential potentiality and the land is situated on Dehradun-Haridwar national highway and a constructed house of the petitioners was standing on the land under acquisition.

5. In their objection, it has been asserted that the exemplar sale-deeds which were considered by the SLAO for determination of compensation cannot be the basis because the land under acquisition is not similarly situated and has not similar potentiality as that of the land under the exemplar sale deeds. It has also been asserted that the SLAO was bound to award compensation for the land under acquisition on the basis of highest exemplar executed within one year prior to the date of notification under Section 4. It has also been stated that the land under acquisition is situate in densely populated area and amidst market having high potentiality. The SLAO has not considered the circle rate fixed by the Collector for the period 1.11.2003 to 31.10.2005. It has also been asserted that the SLAO was not justified in ignoring the sale deed executed by Sri Vinay Kumar on 19.6.2003 in respect of 226.3 sq.mt. land of plot no. 48 by which land was sold @ Rs. 35,76,544/- per acre in favour of Vinod Khanna son of Sant Ram and other sale deeds as mentioned in the objection. The S