These two appeals under section 54 of the Land

Acquisition Act, 1894 (herein after referred to as 'Act') have

been filed being aggrieved by the common judgment dated

29.01.2015 passed by the reference Court. Since common

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question of law and facts arise for consideration in these

appeals, they were heard analogously and are being decided by

this Common Judgment.

Facts giving rise to filing of these appeals briefly

stated are; the lands in Sy.Nos.557, 555/2, 558/3 and 611

situate at Masuti Village in Basavana Bagewadi Taluk belonging

to various owners were acquired for the purpose of construction

of irrigation tank under the award passed in No.LAQ SR

No.4/2007-08 dated 24.11.2008. The claimants in LAC

No.64/2010 are the owners of land bearing Sy.No.557

admeasuring 6 acres 32 guntas, similarly, claimants in LAC

No.42/2010 are the owners of land bearing Sy.No.611

admeasuring 3 acres of land respectively. These claimants are

before this Court in these appeals seeking for enhanced

compensation. Award was passed by the Land Acquisition

Officer on 1.12.2008 by which, market value of the lands were

determined at Rs.69,000/- per acre.

3. The claimants in LAC No.42/2010 and LAC No.64/2010

being dissatisfied with the said market value determined by the

Asst. Commissioner and Land Acquisition Officer, Bijapur (in

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short `the LAO') have filed the present appeal contending that

market value determined by the LAO was too low, inadequate

and not just. It is contended that the LAO has not obtained

the property records which were very necessary before passing

the award. It is contended that the acquired lands consists of

alluvial rich black soil thereby, fetches a net agricultural income

of Rs.7 lakhs per acre per annum. The costs incurred towards

raising the crops is much below 50% of the net annual

agricultural income. It is further stated that in the acquired

lands, the claimants used to grow onion, maize, wheat, banana,

sunflower, etc., being commercial crops. The lands acquired

are irrigated by using well water. The land acquired in respect

of LAC No. 64/2010 had net agricultural income of Rs. 8 lakhs

per acre per annum and costs for raising crops was below 50%

of the net agricultural income. In addition to that, in that land,

there exist 20 Guava trees, 30 Banni trees, 18 Garudina trees,

8 Coconut trees, 20 Neem trees, 8 tamarind trees, 18 Jali trees

and 4 Elachi trees. Therefore, the claimant is entitled for

enhanced compensation at the rate of Rs.8 lakhs per acre. The

LAO has not properly valued the bunds of stone and mud

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constructed by spending Rs.1 lakh and more so also had dug a

tube well by incurring Rs. 1 lakh.

4. So far as land involved in LAC No.42/2010, it also

fetches net agricultural income of Rs. 4 lakhs per annum. The

cost of raising crop is much below 50%. The claimants also

were growing the crop like onion, wheat, maize, banana,

sunflower. The land includes tubewell and well and they claim

enhanced compensation of Rs. 4 lakhs per acre. The LAO has

not valued the bunds so constructed.

5. Learned counsel for the appellants, while inviting

attention of this Court to the witness of claimants in both these

appeals, has submitted that the said witnesses in their

respective evidence have stated about the location of said land

and the abutting properties and also submits that due to the

irrigation facility available in the said lands, the claimants could

grow these aforesaid crops. It is urged that the witnesses

examined have categorically stated with regard to the income

being arrived from the said lands acquired. It is further

submitted that the highest market value mentioned in the Sale

Deeds produced at Ex.P.20 to Ex.P30 have to be taken into

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consideration. The certificate produced with regard to the

electricity bill issued by the then KEB to suggest about the

irrigation facility available to the said lands.

6. It is also urged that, in view of the various catena of