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6. The State would contend that the Reference Court could have arrived at the market value on the available independent evidence on the basis of capitalization method as in identical circumstances the Apex Court in its judgment in the case of HEERABAI AND OTHERS Vs. THE LAND ACQUISITION OFFICER reported in (2010) 10 SCC 492 wherein, the Apex Court has determined the market value at Rs.75,600/- per acre for irrigated lands acquired for Bheema Lift Irrigation Project in terms of notification dated 08.06.1995. On the strength of the judgment, the State contends that there is a gap of 11 years between the notification concerning Bheema Lift Irrigation Project which was on 08.06.1995 and the notification in the instant case. If the escalation at the rate of 10% is considered, the market value of the subject lands would be Rs.1,58,760/- per acre, the market value of Rs.3,06,000/- now awarded for the subject lands is on the higher side and against the well-established principles of law.

8. Contention of the learned counsel for claimants in all the appeals:

The claimants contend that the Reference Court has grossly erred in restricting its consideration only to Exhibit P.15 for the purpose of determination of compensation, the Reference Court ought to have considered other modes of determination and the documents placed before it. The determination of compensation in Exhibit P.15 is on the basis of capitalization method taking Sugarcane as the crop grown and the Reference Court in that judgment - Ex.P.15 has erred in considering a conservative price and yield and does not reflect the true market value.

"13. So as on publication of 4(1) dated 21-9-06 price per ton is 1200/- and as per Ex.P13 yield per acre during th eyar 05-06 is 50- 52 tons. Hence I am of the opinion that in LAC cases some guess work is necessary and as per sec.23 of the act MV is to be determine on the basis of the capitalization method. So in the instance case looking to evidence of PW.1 and 2 though they have deposed that they are growing 80 tons per acre per year but for that no documents are produced. So best piece of evidence to determine and to fix MV on the basis of capitalization method is ex.P8 i.e. price list during the year 05-06 the price per ton is 1200/- and as per Ex.P13 average crop of sugarcane per acre 50-52 tons and when lands are irrigated naturally in these days agriculturist are using good seeds and also fertilizer for growing sugar cane crop. Hence during the year 05-06 as per Ex.P.13 agriculture officer stated 50-52 per ton but author of this document is not examined. ex.P13 is sufficient to come to conclusion that average crop in Kakhandaki village is 50-52 tons. Hence average crop per acre is taken at 51 per acre as Kakhandaki is also situated on the river of Krishna and growing sugarcane crop and during the year 06 per ton 1200/- average crop is 51 ton per acre then it comes to Rs.61,200/- and as per principle laid down in AIR 1997 SC 1845. State of Gujarat and others Vs. Rama rana and others. LA act. S.31-compensation- valued of land-determination - on the basis of yield-50% of net value should be deducted for cultivation expenses-after deduction balance would be net value of land-compensation to be determined by applying multiplier of 10.