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S.B. SINHA, J.

These appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

The State of Gujarat issued diverse notifications for acquisition of a huge tract of lands for construction of a dam over a river known as `Thebi'. The lands sought to be acquired were spread over in three villages, namely, Amreli, Baxipur and Giriya. Whereas villages Amreli and Baxipur are situated on the western side of river and within the municipal limit of the town of Amerli; village Giriya is on the eastern bank thereof and outside the municipal limit of the said town Amreli.

Amreli is the headquarters of the District Amreli. It is a well developed town. A National Highway known as "Amreli - Chittal Road"

passes through the town of Amreli.

The residents of the town enjoy the facilities of transportation, hospitals, schools, colleges, telephone, etc. It is, however, admitted that the entire development has taken place on the eastern bank of the river and not on the western bank. The villages situate on the western bank, however, admittedly are wholly undeveloped. The lands under acquisition are agricultural lands. The land upon acquisition were to be submerged under water.

The land proposed to be acquired is of old and new sharat. Amreli town is the head quarter of Amreli District, is a railway station, S.T. Buses are ravaging throughout the year. The population of Amreli is near about 1,10,000 which consist mainly of Patel, Bania, Brahmins, Weavers etc who are progressive farmers. There are industries of oil mills, land weaving etc."

In the said Award, summary of sales of agricultural lands was prepared, which read:-

"Summary of considerable sales of agricultural lands Sales of western bank Sale of eastern bank Survey Acres Date of Price of Survey Acres Date of Price of No. sale 1 are No. Sale 1 are 991 3.08 21/5/85 785-25 37/37/2 6.20 6/6/85 307-69 1063 2.38 13/12/85 381-00 29 0.24 23/7/87 1041-66 949 2.28 15/4/87 426.00 33/AB 1.11 2/3/89 3882.35 1063 1.13 3/2/89 754-71 33/AB 1.10 3/3/89 3880.00 Looking to these sales of agricultural lands Rs.350/- for Jirayat and Rs.5000/- for irrigated lands for 1 Are are seems to be reasonable for the lands of Western bank of river Thebi. Looking of these sales and the rise in price of land Rs.2000/- and Rs.3000/- for lands for 1 Are are seems to be reasonable but the geographical condition of eastern bank is quite different as most of the land are converted into non- agricultural lands and is either populated or nearly populated area, is situated on Amreli, Chittal State highway. Looking to all these factors it is not possible to compare the land of western bank with land of eastern bank. No lands are converted into non-agriculture and then is no habitation in the western bank of river Thebi. Whilst there are many non-agriculture land and habitation increases day by day. More over many lands of eastern bank are converted into non-agriculture, which were proposed to be acquired. Hence it seems necessary to discuss about sales of non-agricultural plotting too as the land of eastern bank are situated on Amreli, Chittal, Rajkot Highway and nearer to these and a statement of sales of non-agricultural lands has been taken from the Kasba Talati Amreli which is appending as statement number K-2 Discussions of these sales are narrated here below."