JUDGMENT Gurusharan Sharma, J. 1. These 38 appeals, filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) arose out of a common judgment and therefore, have been heard together and are disposed of by a common judgment. 2. On 16.10.1987, Notification No. 366 dated 10.9.1987, under Section 4 of the Act was published in Hazaribagh District Gazette for acquisition of total 14.87 acres land of Khata Nos. 2, 3, 5, 6, 9, 10, 12, 13, 14, 15, 16, 18, 19, 20, 24, 25, 28, 35 and 97, situated in village Rundai, within Gola Police Station of Hazaribagh District, for the purpose of excavating and laying out canal to be commonly known as "Bhairwa Jalsai Project." 3. The Collector under the Act prepared the awards, under Section 11 of the Act, which, were pronounced on 14.2.1989 and on the same day possession of the lands under acquisition was also taken by the State Government. 4. Nature of lands as recorded in Khatiyan was Tand I, II and III, Dhan I, II and III and Parti and there were also four wells thereon. The Collector under the Act assessed rate of compensation for Dhan I and Tand I lands (c) Rs. 27,272.00. for Dhan II @ Rs. 17,045.001, for Dhan III @ Rs. 13,636.00, for Tand II @ Rs. 6818.00 for Tand III @ Ra. 1704.50 and for Parti Rasta lands (c) Rs. 852.25 per acre. 5. At the instance of the owners of the land, references were made under Section 18 of the Act and L.R. Case Nos. 124 to 161 of 1989 were registered before the First Subordinate Judge-cum-I and Acquisition Jude, Hazaribagh. 6. Landowners awardees claimed prevailing market value of the lands under acquisition during the year 1987-88 @ Rs. 2000.00 per decimal. According to them for similar lands of village Sondai, Chitarpur, and Mile, which were very close to village Rundai and were acquired in the year 1980 for construction of new railway line by the Central Coalfields Limited, on reference made under Section 18 of the Act, vide I.R. Case Nos. 55 to 64 of 1985, the Land Acquisition Judge had also awarded compensation @ Rs. 2000.00 per decimal and as such they were also entitled to the compensation at the same rate. 55 to 64 of 1985, the Land Acquisition Judge had also awarded compensation @ Rs. 2000.00 per decimal and as such they were also entitled to the compensation at the same rate. Their further case was that the lands under acquisition were situated in the vicinity of National Highway No. 23 and Gola road Railway Station of South Eastern Railway was situated very close to it. Rajrappa project was expanding and its coal washery, cinema hall and college were also situated nearby. Besides the aforesaid location, for the purpose of its future potential abilities, the lands were also capable of yielding three crops in a year due to good irrigational facility. 7. In order to substantiate their claim of compensation at the flat rate of Rs. 2000.00 per decimal for entire 14.87 acres land, the landowners examined AW 1 who stated that during relevant year, market value of the land under acquisition was @ Rs. 2000.00 per decimal. He further stated that Rundai village, where the lands are situated, is on the eastern side of river Bhera. AW 2 stated that his brother Nemdhari Mahto had sold half decimal land at Rs. 1200 in the year 1986, which was Tand land. He further stated that the lands were irrigated from water of Bhera river, which was always available. AW 3 deposed that there were wells over the land which was subject-matter of I.R. Case Nos. 129. 130. 132 and 134 of 1989, from which those lands were irrigated. The Land Acquisition Judge observed that there was no mention about well in the entire pleadings in L.R. Case No. 132 of 1989 and as such evidence of AW 3 to that extent was beyond pleadings and, therefore, was not acceptable. 8. The awardees brought on record seven sale deeds which were marked Exhibits 2 to 2/G. Inadvertently, the sale deed dated 11.12.1986 was marked twice as Exhibits 2/B and 2/C. Exhibit 2 is dated 6.5.1986 whereby 1/2 decimal land, in village Rudai was sold for Rs. 1200.00. Exhibit 2/A is dated 11.12.1986, whereby 5 decimals land in village Beyang of Ramgarh Police Station was sold for Rs. 5000.00. Exhibits 2/B and 2/C are also dated 11.12.1986 whereby, 3 decimals land in village Beyang was sold for Rs. 4000.00 Exhibit 2/D is sale deed dated 12.12.1986, whereby 3 decimals land in village Beyang was sold for Rs. 5000.00. Exhibit 2/A is dated 11.12.1986, whereby 5 decimals land in village Beyang of Ramgarh Police Station was sold for Rs. 5000.00. Exhibits 2/B and 2/C are also dated 11.12.1986 whereby, 3 decimals land in village Beyang was sold for Rs. 4000.00 Exhibit 2/D is sale deed dated 12.12.1986, whereby 3 decimals land in village Beyang was sold for Rs. 5000.00. Exhibit 2/E is sale deed dated 11.12.1986, whereby 5 decimals land in village Beyang was sold for Rs. 5000.00. Exhibit 2/F is sale deed dated 10.8.1987, whereby 3-3/4 decimals homestead land with house in village Gola was sold for Rs. 48,000.00 and Exhibit 2/G is sale deed dated 16.8.1986, whereby 3-1/2 decimals land in village Barki Koiya, within Gola Police Station was sold at Rs. 4000.00. No sale deed, except Exhibit 2, relating to transfer of lands of village Rundai at the relevant time was produced. 9. Nothing was brought on record to establish that village Beyang or Barki Koiya were contiguous to village Rundai and nature of the lands of those villages were also similar to the lands of village Rundai. The Land Acquisition Judge, in my opinion, rightly discarded Exhibits 2/A to 2/E, which related to the lands of village Beyang. 10. The Court below relied upon Exhibit 2/G, whereby land of village Barki Koiya was transferred, for the reason that in course of arguments, learned counsel submitted that Barki Koiya was adjoining village of Rundai, but there was no evidence on record to that effect. Hence, in my view, it was not safe to rely upon the said sale deed for the purpose of assessing Compensation for the lands under acquisition. Exhibit 2/F was also not relevant for the purpose of assessing market rate of the lands under acquisition for the reason that the said land was situated in market area of Gola and was not only homestead land, it also contained a house standing thereon. So far as Exhibit 2 is concerned, no doubt, the land transferred by it was in village Rundai, but its area was only 1/2 decimal and as per recital therein it was fit for construction of houses and on its northern boundary a house was also in existence. In my opinion, it was rightly not considered for the purpose of determining market value of the lands in question. 11. In my opinion, it was rightly not considered for the purpose of determining market value of the lands in question. 11. The awardees also brought on record Exhibit 1, judgment dated 26.5.1987 passed by Land Acquisition Judge. Hazaribagh, in L.R. Case Nos. 55 to 64 of 1985. The said judgment was passed on reference under Section 18 of the Act, for the lands of villages Sondai, Chitarpur and Mile of Ramgarh Police Station acquired in the year 1980 for the purpose of laying railway siding therein compensation was assessed payable @ Rs. 2000.00 per decimal. 12. On behalf of State, Amin was examined as OW 1, who proved valuation, Khatian of village Rundai rate report and sale figures, which were marked respectively as Exhibits A, B and C During the period 1981-89, said witness was posted as Amin in the office of Special Land Acquisition Officer, Hazaribagh. On the direction of his officer, he had collected information from the sub-registry office and had prepared sale figures. He stated that village Rundai was situated on the eastern bank of Bhera river, whereas Rajrappa project Colliery was on the western bank of the said river Gola town was 5-6 Kms south of village Rundai and in between, at a distance of about 3 kms. from village Runadl, Gola railway station was situated. According to him the entire acquired land was Tand in nature. 13. Exhibit B is the rate report submitted by OW 1 wherein seven items of transfers made in respect of the lands of village Rundai during the period from 10.11.1984 to 12.6.1985 have been given. On 10.11.1984, 8-3/4 decimals land was sold for Rs. 1750.00. on 27.2.1985, 8-1/3 decimals land was sold for Rs. 800.00, on 6.5.1986, 7-1/3 decimals land was sold for Rs. 1000.00 and on the same day 1/2 decimal homestead land including a house thereon was sold for Rs. 1200.00 on 8.5.1986. 4-1/10 decimals land was sold for Rs. 500.00, on 1.5.1986, 6 decimals land was sold for Rs. 900.00 and on 12.6.1985, 46 decimals land was sold for Rs. 6000.00. 14. The aforesaid lands like the lands under present acquisition as shown in the record of rights were of different nature, namely, Dhan-I, Dhan-III, Tand- II. Homestead and Partigarha, but according to the awardees and also as reported in Exhibit B, entire lands under acquisition were of the same nature. 15. 6000.00. 14. The aforesaid lands like the lands under present acquisition as shown in the record of rights were of different nature, namely, Dhan-I, Dhan-III, Tand- II. Homestead and Partigarha, but according to the awardees and also as reported in Exhibit B, entire lands under acquisition were of the same nature. 15. The Court below in my opinion, rightly discarded consideration of Exhibit I for the purpose of determining market value for the lands under acquisition on the ground that the lands acquired in the earlier acquisition proceedings and the present proceeding were distinctly different from each other. On perusal of entire lower Court records, I find that there was no evidence brought on record before the Court below that the lands of villages Sandi, Chitarpur and Mile of Ramgarh Police Station were similar in nature and were also similarly situated like the lands under acquisition in the present proceeding. 16. I find that for the purpose of determining the rate of compensation at Rs. 736.00 per decimal in the present case, the Court below considered Exhibit 2 and reduced the rate for the purpose of the lands under present acquisition to the extent of 1/4th i.e., Rs. 600.00 per decimal and also considered the statement of OW 1, who in paragraph 6 of his deposition stated that he had come across in course of collecting sale figures, the sale deeds for the lands of village Rundai, wherein transfers were made at Rs. 54,544.00 per acre, which came to Rs. 545.00 per decimal. Besides this, the Court below also considered Exhibit B, wherein it was mentioned that at the time of local inspection it was gathered that at the relevant time, the market rate of the land in question as at Rs. 1000.00 per decimal, but in order to save the cost of stamps in the sale deeds, lesser rate was being shown. 17. The Land Acquisition Judge calculated the aforesaid figures at Rs. 800.00, 600.00, 545.00 and 1000.00 and divided the total amount by 4 and thus calculated and assessed the market rate for the land in question at Rs. 746.00 per decimal. 18. I have already held above that the sale rate as shown in Exhibit 2/G was not applicable in the present case. Oral statement of OW 1 that he had come across with the sale deeds wherein the land was sold at the rate of Rs. 746.00 per decimal. 18. I have already held above that the sale rate as shown in Exhibit 2/G was not applicable in the present case. Oral statement of OW 1 that he had come across with the sale deeds wherein the land was sold at the rate of Rs. 545.00 per decimal was also not fit to be considered in absence of those sale deeds having been brought on record. 19. In such circumstances, taking into consideration the sale figures vide Exhibit 2, which was reduced to 1/4th i.e., @ Rs. 600.00 per decimal coupled with the report of the District Land Acquisition Officer, Exhibit B, wherein it was stated that the sale figure shown in the sale deeds were not accurate, rather it was made in order to save the amount of stamps required for sale deeds and also taking into consideration the admitted position that a flat rate was applicable in case of the entire lands under acquisition, the market value of the lands under present acquisition could not have been fixed at more than Rs. 600.00 per decimal. 20. Consequently, the impugned judgment and awards are modified to the extent that Instead of Rs. 736.00 per decimal, awardees are entitled to get compensation for the entire 14.87 acres lands acquired at a flat rate of Rs.600.00 per decimal. Other benefits like soletium and interests etc. payable to the awardees, as granted by the Land Acquisition Judge, are affirmed. 21. In the result, 38. Appeals are disposed of with above modification in the impugned judgment and awards. There shall be on order as to costs. Lower Court records may be sent down.