Milap Chandra Jain, J. - (1.) These appeals have been filed under Section 54, Land Acquisition Act, 1984 (hereinafter to be called 'the Act') against similar awards passed by the learned Additional District Judge, Barmer on reference made by the Land Acquisition Officer cum Sub Divisional Officer, Barmer. The facts of the cases giving rise to these appeals may be summarised thus.
(2.) The Central Government needed land of the villages Gehu and Barmer Agor of Tehsil and District Barmer for defence purposes. Notifications issued under Sections 4 and 6 of the Rajasthan Land Acquisition Act (in short, Rajasthan Act) were published in the Rajasthan Gazette dated May 1,1985 and January 25,1986 respectively. Notices were also issued to all the interested persons under Section 9 of the Rajasthan Act. The possession of all the agricultural land acquired was taken on December 10, 1988. Khatedars of the fields filed their claims. On August 31, 1987 the Land Acquisition Officer gave his award granting compensation @ Rs. 625/- per bigha for the land acquired and Rs. 100/- per tree on the basis of his previous award No. 5 of 1984 dated March 19, 1986. Solatium was granted @ 10% only. The Khatedars moved applications under Section 18 of the Act for making reference to the court for the determination of just compensation stating as follows. The compensation @ Rs. 625/- per bigha is highly inadequate. They are entitled to get compensation at the rate of Rs. 5,000/- per bigha Their agricultural land yields two crops every year. Such land is not now available and no khatedar is going to sell his khatedari land. The land acquired through award no. 5/84 is less fertile, it does not yield two crops, it is situated at a distance of 10 Kms, from Barmer, it is not on the National Highway and vacant land is lying in between it and Barmer City. On the contrary, their land is quite near to the municipal limits of Barmer, the population of Barmer is extending towards this side, it has great potential value, it is most suitable for raising construction, on account of its vicinity, the khatedars carry on horticulture along with agriculture. Land of the adjoining villages i.e. Chuli, Jalipa, Hapo-ki-Dhani and Lunu has fetched price @ Rs. 3,000/- per bigha in the year 1985 and the land of the village Barmer Agor from Rs. 8,000/- to Rs. 10,000/- per bigha. Valuation of the pucca and kalchha construction standing on the acquired land has also not been done correctly. Fruit trees standing on these agricultural fields, yield annual income of Rs. 5,00/- per tree. As a result of the acquisition, they have become jobless, homeless, landless and penniless. They have to establish themselves at other places after pending huge amounts. They are also entitled to get compensation under clauses IV and V of Section 23(1) of the Act The compensation awarded for the trees is also inadequate. They are entitled to get Rs. 500/- per tree. They are entitled to get solatium @ 30% under Section 23(2) and also amounts under Section 23(1 A) of the Act. It has not at all been awarded by the Land Acquisition Officer.
(3.) Reference was accordingly made in all cases to the District Judge, Balotra. He transferred them to the Additional District Judge, Barmer for deciding them in accordance with law.;