JUDGEMENT V.K. Sharma, Judge (Oral). Since all these appeals and cross objections arise out of a common award dated 17.03.2006, passed by the learned District Judge, Bilaspur, H.P., in Land Reference Petition No. 1 of 2002, titled Smt. Premi and another Vs. The Executive Engineer, HP PWD, Division No.1, N.B.T. Bilaspur, H.P., and the connected matters, the same are being disposed of by a common judgment. 2. Whereas in RFA No 336 of 2006, titled Shiv Ram Vs. Executive Engineer, the appellant was claimant in Land Reference Petition No. 6 of 2002, RFA No. 368 of 2006, titled Executive Engineer, HP PWD Vs. Smt. Premi, RFA No. 369 of 2006, titled Executive Engineer, HP PWD Vs. Kamla and another, RFA No. 370 of 2006, titled Executive Engineer, HP PWD Vs. Paras S/o Sita Ram (deceased through his LRs) and others, RFA No. 371 of 2006, titled Executive Engineer, HP PWD Vs. Daulat Ram and others, RFA No. 372 of 2006, titled Executive Engineer, HP PWD Vs. Mahant Ram and others and RFA No. 373 of 2006, titled Executive Engineer, HP PWD Vs. Shiv Ram have been filed by the appellant-Executive Engineer, HP PWD, Division No.1, Bilaspur, H.P. Cross objections No. 168 of 2007, 292 of 2007, 124 of 2008 and 103 of 2008 have been preferred by the respondents-claimants in RFA Nos. 368 of 2006, 369 of 2006, 371 of 2006 and 372 of 2006. 3. The lands belonging to the claimants situate in village Behal Kandela, Tehsil Sadar, District Bilaspur, H.P., came to be acquired for the public purpose, namely ‘construction of Ali Khad bridge approach road’. The requisite notification under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act’) was issued on 20.7.1996. It was published in H.P. Rajpatra on 20.7.1997. The details of the acquired lands are as under:- Sr. No. Petition No. Name of parties Khasra No. Area 1. 1/2002Premi etc. 30/12.5 Vs. LAC etc. 90/1 Bigha 2. 2/2002Kamla etc. 2 11/23 0.5Vs. LAC etc.Bigha3.3/2002 Paras Ram etc.26/1 0.13 Vs. LAC etc.26/2 0.17 111/1Bigha 274 4/2002 Daulat Ram etc. 84/1 0.10 Vs. LAC etc. 89 Bigha 5. 5/2002 Mahant Ram etc. 2 12/23/1 0.10 Vs. LAC etc. 69/1 Bigha 6..6/2002Shiv Ram 33/1 1.15 Vs. LAC etc. 33/2Bigha76/1 77/1 3. The Land Acquisition Collector awarded compensation to the claimants at different rates as under:- “1. Kohli AwalRs. 2500/- per biswa. 2. BaraniRs. 84/1 0.10 Vs. LAC etc. 89 Bigha 5. 5/2002 Mahant Ram etc. 2 12/23/1 0.10 Vs. LAC etc. 69/1 Bigha 6..6/2002Shiv Ram 33/1 1.15 Vs. LAC etc. 33/2Bigha76/1 77/1 3. The Land Acquisition Collector awarded compensation to the claimants at different rates as under:- “1. Kohli AwalRs. 2500/- per biswa. 2. BaraniRs. 2000/- -do- 3. Khadetar Rs. 1000/- -do-Banj ar.” 4.Being aggrieved, the claimants applied to the Land Acquisition Collector for making reference to the court. On consideration of the materials produced by the parties, the learned Reference Court has enhanced the amount of compensation to Rs. 11,000/- per biswa. Additionally, other benefits and interest under the Act have also been granted in favour of the claimants. 5. I have heard the learned counsel/Assistant Advocate General for the appellants and the learned counsel for the respondents- cross objectors and gone through the records. 6. In support of their case, the claimants have relied upon the following exemplar sales. “i) Ext. PA is the copy of the sale deed dated 23.5.1996 vide which one biswa of land situated in village Behal Kandela Pargna and Tehsil Sadar, District Bilaspur, H.P. was sold by Shri Durga in favour of Shri Sukh Ram for a consideration of Rs. 50,000/- for construction of house.ii)Ext. PB is the copy of sale deed dated 2 7.5.1996 vide which one Biswa of land situated in village Behal Kandela. Pr. and Teh. Sadar was sold by Shri Rattan Lal in favour of Shri Ram Dass for a consideration of Rs. 45,000/- for construction of house. iii) Ext. PW-2/A is the copy of the sale deed dated 16.9.1993 vide which 5 Biswas of land situated in Nihal. Pr. and Teh. Sadar was sold by Shri Dulla Ram in favour of Jagtamba (P W-2) for a consideration of Rs. 45,000/-. iv) Ext. PC is the copy of sale deed dated 12.9.1988 vide which 1 Biswas of land situated in village Kothi, Pr. and Teh. Sadar was sold by Shri Prakash Chand in favour of Shri Geeta Ram for a consideration of Rs. 15,000/-. v) Ext. PD is copy of sale deed dated 17.5.1994 vide which 4 Biswas of land situated in Nihal, Pr. and Teh. Sadar, was sold by Pushpa Devi in favour of Karam Singh for a consideration of Rs. 60,000/- for construction of house. vi) Ext. PE is copy of award in Land Ref. 15,000/-. v) Ext. PD is copy of sale deed dated 17.5.1994 vide which 4 Biswas of land situated in Nihal, Pr. and Teh. Sadar, was sold by Pushpa Devi in favour of Karam Singh for a consideration of Rs. 60,000/- for construction of house. vi) Ext. PE is copy of award in Land Ref. Petition No. 20/2002, decided on 21.6.2005 titled as Kuldeep Singh v. LAC vide which the District Judge, Bilaspur has assessed the market value of the acquired land in village Kothi at the rate of Rs. 11,000/- per Biswa.” 7.Per contra, the department relied upon copy of sale deed, village Behal Kandela, was sold by one Shri Karam Singh son of Shri Mahantu in favour of Shri Kuldeep Singh son of Sh. Karam Chand of the same village for a consideration of Rs. 400/-. 8. The learned Reference Court while brushing aside the instances relied upon on behalf of the parties, proceeded to determine the market value of the acquired land on an entirely different premise, vide para 26 of the impugned award, dated 17.3.2006, which is extracted below in extenso:- “In the absence of these sale deeds, I am left with the sale deeds Ext. PW-2/A and Ext. PC. Vide Ext. PW-2/A five Biswas of land situated in Nihal was sold for a consideration of Rs. 45,000/- and vide Ext. PC, one Biswa of land situated in village Kothi was sold for a consideration of Rs. 15,000/- meaning thereby six Biswas of land of village Kothi and Nihal was sold for Rs. 60,000/- then the average sale price of one Biswa of land comes to Rs. 10,000/-. Both these sale deeds appear to be genuine and pertain to adjoining villages and it is admitted principle of law that genuine sale transactions are to be taken into consideration for determining the market value of the acquired land. Both these sale deeds which are taken into consideration were executed on 16.11.1993 and 12.9.1988 and perusal of the record would go to show that notification under Section 4 of the Act for acquisition of the land was issued on 20.7.1996. Keeping in view the fact that the acquired land is situated near the urban area and fast developing village and as all types of facilities are available there. Keeping in view the fact that the acquired land is situated near the urban area and fast developing village and as all types of facilities are available there. Therefore, within three years the price of the acquired land must have gone high and the price would not have remained static and so for the price of land is concerned, there has been an over all onward trend and the price of the land must have gone up between 1993 to 1996. If not more, there would have been 10% increase of the price of the land, if it is so, then the market value of per Biswa would have gone to Rs. 11,000/- which is just fair and reasonable.” 9. The reasoning adopted by the learned Reference Court cannot be upheld for the reasons that the sale instances quoted therein are for the period as far back as 12.9.1988 and 16.11.1993 and that too with regard to adjoining villages. 10. Now, while adverting to the sale instances relied upon on behalf of the parties, it would be seen that sale deed, Ext. RA, dated 28.5.1996, though relates to village Behal Kandela, where also the acquired land is situate, yet as noticed by the learned Reference Court, this sale deed does not appear to reflect the true market value of the land sold therein for the reason that land measuring 8 biswas was sold by the father in favour of his own son, for a meagre sum of Rs. 400/-, that is, at the rate of Rs. 50/- per biswa, which is nowhere near the reality, to which this court can also not shut its eyes. 11. Out of the six sale instances relied upon on behalf of the claimants noticed hereinabove, only two, that is, sale deed, Ext. PA, dated 23.5.1996 and sale deed, Ext. PB, dated 27.5.1996, are in proximity to the acquired land, both on the point of time and situation. In sale deed, Ext. PA, dated 23.5.1996, 1 biswa of land was sold for Rs. 50,000/- for construction of a house. Similarly under sale deed, Ext. PB, dated 27.5.1996, a house site of the same size measuring 1 biswa was sold for Rs. 45,000/-. The mean of these two sale considerations comes to Rs. 47,500/-. In sale deed, Ext. PA, dated 23.5.1996, 1 biswa of land was sold for Rs. 50,000/- for construction of a house. Similarly under sale deed, Ext. PB, dated 27.5.1996, a house site of the same size measuring 1 biswa was sold for Rs. 45,000/-. The mean of these two sale considerations comes to Rs. 47,500/-. However, the fact remains that both these sales were in respect of very small pieces of land measuring 1 biswa, for the purpose of construction of houses. True it is that in case the respective lands belonging to the petitioners are taken into consideration, the same are also not big in size and are measuring between 0.5 bigha, yet the fact remains that in case the total land belonging to the claimants, which has been acquired is taken into consideration, the same comes to 6.15 bighas. Apart from this land some other land is also stated to have been acquired for this very public purpose. In such situation, as per settled proposition of law the market value of small pieces of land can very well be discounted to the extent of 50% or more, so as to assess the market value of big chunks of land. By adopting this method market value of the acquired land comes to Rs. 23,750/- per biswa, which can be further brought down to the level of Rs. 20,000/- per biswa, keeping in view the peculiar facts and circumstances of the present case. 12. In view of the above, the claimants are held entitled to compensation of the acquired land @ Rs. 20,000/- per biswa. In addition thereto, they shall also be entitled for other benefits and interest under the Act in accordance with law. It goes without saying that the amount of compensation and interest etc. already received by the claimants shall be subject to adjustment against the enhanced amount of compensation, to which they have been found entitled under this judgment. 13. In the result, whereas RFA No. 336 of 2006 and cross objections No. 168 of 2007, 292 of 2007, 124 of 2008 and 103 of 2008 are allowed, RFA Nos. 368,369,370,371,372 and 373 of 2006 shall stand dismissed.