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6. The undisputed facts that emerge from the record after going through the award, the reference applications and the evidence on record are that the acquired lands consist of non-agricultural as well as agricultural lands. The said lands are situated on Idar, Vijaynagar Road and are adjoining the Vijaynagar Gamtal. Land bearing Survey No. 375/3 was converted for non-agricultural purpose from 20.12.79 and the land bearing Survey No. 373/1 is irrigated agricultural land. Vijaynagar is the head-quarter of the Taluka. It is a developed town and the principal place of commerce and business. There is scarcity of land in the town gamtal, especially flat and level land. The town has facilities like telegraph, telephone, electricity, roads etc.

7. The case of the claimants of LRC No. 12/83 is that Vijaynagar is the head quarter of the Taluka and is a developed place. It is the principal place of business and commerce. That there is an acute shortage of gamtal lands and it is very difficult to get land for constructing houses as all the gamtal lands are uneven and hilly. Whereas the lands of the claimants are flat and of uniform level and that plots have been carved out from the said lands. That, being the head-quarter of the Taluka, all modern facilities are available at Vijaynagar. That, the acquired lands are situated on the Kandla-Jaipur National Highway and are valuable lands. The claimants have claimed Rs. 80/- per sq. mt. towards compensation. Moreover, it is the case of the claimants that their lands of Survey No. 375/3 part, comprised of in all 14973 sq. mts of land, out of which, 9362 sq. mts. of land has been acquired, hence the remaining 5611 sq. mts. of land has become absolutely unusable and worthless. Hence, compensation was claimed at the market rate for the said land also. It is the case of the claimants that the Deputy Collector while declaring his award has wrongly classified the acquired land. That the said classification was misleading and was done with a view to award less compensation. That even land situated near the river, which was uneven hilly land had been sold by way of registered sale deed at the rate of Rs. 57.98 per sq. mt., hence, the market value determined by the Deputy Collector in respect of the claimants" lands, which were of uniform level, and situated on the road was highly inadequate and unjust.

14. The Reference Court upon appreciation of the evidence on record found that by the sale deed Exhibit 33, which was executed on 23rd April 1982, land bearing Survey No. 367/3 admeasuring 92.93 sq. mts. had been purchased at the rate of Rs. 54/- per sq. mt. whereas the notification under Section 4 of the Act has been published on 14.12.1981. The Reference Court was of the view that the said sale being a post-acquisition sale, its evidentiary value was less. Similarly, the Reference Court found that the sale deed Exhibit 31 was executed on 20th January 1982 in respect of land admeasuring 36.03 sq. mts. situated in the gamtal of Vijaynagar, which was also a post-acquisition sale. The third sale deed, though registered, was not proved and was dated 20th January 1982. Thus, it was found that all the sale instances relied upon were post-acquisition sales. The Reference Court after considering the evidence on record came to the conclusion that in 1982, the market value of the lands in the vicinity was between Rs. 50/- to Rs. 80/- per sq. mt. The sale deeds produced by the claimants were executed about a month after the publication of the notification under Section 4 of the Act; hence, the same could be relied upon as a basis for comparative rates for determination of the market value of the acquired lands. The Reference Court took into consideration the sale instance of land situated in the sim of Vijaynagar, wherein the purchase price was Rs. 54/- per sq. mt.; as well as the fact that on account of acquisition of lands for the purpose of sub-station, the possibility of constructions coming up in the vicinity would increase, accordingly lands in the vicinity might have been sold at a higher rate. That, normally with the increase in development and use, the value of surrounding lands would increase two to two and a half times. Accordingly the Reference Court after considering factors like value of non-agricultural lands in the sim of Vijaynagar; scarcity of residential plots in the gamtal; etc., came to the conclusion that the compensation determined by the land acquisition officer was highly inadequate and determined the market value of the non-agricultural acquired lands at Rs. 20/- per sq. mt. In respect of the remaining land of the claimants, the Reference Court found that the land had not become useless, but was of the opinion that proximity to the Electricity Sub-station may adversely affect the value of the said land, and accordingly, awarded compensation towards damages at the rate of 10%.

15. Regarding the agricultural lands, the Reference Court observed that the claimants have not produced sale deeds in respect agricultural lands. The claimants have produced the index of registration in respect of sale of non-agricultural lands at Exhibit 58, wherein the price is Rs. 11/- per sq. mt. The Reference Court observed that the claimant has claimed Rs. 500/- per Are, whereas the Deputy Collector has determined compensation at the rate of Rs. 160/- per Are. That, Survey No. 373/1 is situated adjoining the gamtal of Vijaynagar, therefore, considering the price of adjoining non-agricultural lands, the Reference Court held that Rs. 350/- per sq. mt. appeared to be a reasonable market value in respect of the agricultural lands. The Reference Court further found that the remaining 256 sq. mts. of land being agricultural land could be used for agricultural purposes and that the same cannot be said to be adversely affected in any manner. Accordingly the Reference Court rejected the claim for compensation for damages in relation to the said land.