ORAL JUDGMENT :

. In both these matters, the lands are situated in village Butkheda. The lands are acquired for percolation tank. The notification U/Sec. 4 of the Land Acquisition Act (for short "L.A. Act") was issued on 14.09.1989. In First Appeal No. 273 of 2003 the Reference Court has awarded compensation at the rate of Rs. 15,000/- per hector, whereas in First Appeal No. 1051 of 2003, the reference is dismissed on the ground that the land is jirayat one.

2. Mr. Solshe, the learned counsel for the appellant submits that, the Reference Court has failed to consider the sale instances filed on record vide Exhibit 15 and 16. It is for consideration of Rs. 10,000/- land admeasuring 20R is sold. The said sale deeds are executed in the year 1983 which is prior to notification U/Sec. 4 of the L. A. Act. Said sale deeds are erroneously discarded only on the ground revenue assessment of said lands is more. The learned counsel submits that, the said sale deeds are in respect of lands situated in the same village. Even the lands of the appellant in First Appeal No. 273 of 2003 is Bagayat land, wherein the land is irrigated by well water. The learned counsel submits that, even 10% increase per