Devinder Gupta ( 1 ) THIS appeal has arisen out of an award dated 7/11/1978 made by Shri B. B. Gupta, Additional District Judge, Delhi byanswering a reference under Section 18 of the Land Acquisition Act and determining the market value of the land at the rate of Rs. 1,450. 00 per bigha for theappellant s land situate in village Chilla Sirodha Banger acquired for the purposeof planned development of Delhi through Notification issued under Section 4 of theact on 13. 11. 1959. ( 2 ) THE Collector, Land Acquisition through his award dated 29. 5. 1974 hadfixed the market value of the acquired land at Rs. 1,140. 00 per bigha which wasenhanced by the Additional District Judge to Rs. 1,450. 00 per bigha. In the instantappeal, the appellant has claimed further enhancement at the rate of Rs. 6,000. 00 perbigha. Separate application has been made by the appellant praying that in casehigher market value is determined by this Court, the same be awarded subject topayment of deficient Court fee by the appellant. ( 3 ) WE have heard the learned Counsel for the appellant. It is contended by herthat since the land situated in Dhalupura and Karkardooma were also acquiredunder the same notification for the same public purpose, namely, for the planneddevelopment of Delhi, therefore, the appellant is also similarly situated and shouldbe awarded same amount of compensation which has been awarded in the case ofdhalupura and Karkardooma. Learned Counsel for the appellant has relied uponjudgments of this Court pertaining to the awards in village Dhalupura andkarkardooma. ( 4 ) THE question which has arisen in this appeal is as to whether the appellantis entitled to the market value of the land at the same rate at which it has beenawarded for the land situated in village Dhalupura and Karkardooma. In order toclaim same amount of compensation it was incumbent for the appellant to have ledsome evidence on record to point that the lands situated in village Dhalupura andkarkardooma were similarly situated land with similar potentialities as on the dateof the notification under Section 4 of the Land Acquisition Act. On perusal of therecord of the Additional District Judge, it will be noticed that absolutely noevidence has been led on behalf of the appellant except tendering copies of twoawards, Ext. P-1 and P-2.
On perusal of therecord of the Additional District Judge, it will be noticed that absolutely noevidence has been led on behalf of the appellant except tendering copies of twoawards, Ext. P-1 and P-2. No oral evidence is examined in order to show that theacquired land which is situated in Chilla Siroda Bangar had same and similarpotentialities or were similarly situate as compared to the lands located in Karkardooma and Dhalupura. The mere fact that village Dhalupura is at a close proximityalone will not entitle the appellant for being treated similarly since the sine quo nonfor grant of same and similar compensation is that the lands be similarly situatehaving similar potentialities. The reference Court took note of Ext. P-2, copy of thejudgment in Land Acquisition Case No. 117/77 of village Karkardooma wheremarket value of the land has been determined at Rs. 6,000. 00 per bigha and declinedto place reliance thereupon in the absence of any evidence of similarity with theacquired land. For the aforementioned reasons market rate determined in R. F. A. 128 of 1982 decided on 11. 4. 1991 (Om Parkash v. Union of India) which pertains tovillage Dhalupura is of no avail to the appellant. ( 5 ) THERE are various methods of valuation of land acquired under the Act, thewell recognised being (a) the price paid within a reasonable time in bonafidetransactions of purchase of the lands acquired or of the lands adjacent to the landacquired and possessing similar advantages; (b) a number of years purchase of theactual, or immediately prospective, profit from the land acquired; (e) theopinion of valuators or experts. However the mode of valuation is not governedby any uniform rule and must be left to the discretion of the Collector and the Court. Under the first mode sales of similar lands having similar facilities in the neighbourhood within a reasonable time are helpful in determining the market value ofany land, which can be done by producing on record relevant evidence, namely,copies of sale deeds, which has not been done in this case. ( 6 ) FOR land situated in village Chilla Sirodha Bangar in Land Acquisition Caseno-273/77, the market value has been determined at the rate of Rs. 1,450. 00 perbigha which is also the market value allowed in the case of the appellant.
( 6 ) FOR land situated in village Chilla Sirodha Bangar in Land Acquisition Caseno-273/77, the market value has been determined at the rate of Rs. 1,450. 00 perbigha which is also the market value allowed in the case of the appellant. In appeal,reliance has also been placed by the learned Counsel for the appellant on thesupplementary awards made by the Collector for the same village Chilla Sirodhabangar on 23. 3. 1977. Market value of the land which was the subject matter of thissupplementary award No. 52-E/71-72 was also the subject matter of notificationdated 13. 11. 1959 of Chilla Sirodha Bangar. In that case Collector, Land Acquisitionfixed the market value of Block-A land at the rate of Rs. 1,900. 00 per bigha and ofblock-B at the rate of Rs. 1,300. 00 per bigha. Collector also noticed that with respectto four awards of same village he had earlier fixed market value at the rate of Rs. l,140. 00 per bigha but in some of the cases the Additional District Judge hadenhanced the amount of compensation from Rs. 1,800. 00 per bigha to Rs. 2,000. 00 perbigha depending upon the potentiality of the land. Thus, enhanced award was made. In the absence of any other evidence on record, reliance can be placed onlyon this award of the Collector in which reference is made to some decisions ofadditional District Judge fixing the highest market value in this village at Rs. 2,000. 00 per bigha. No other decision or award has been brought to our notice wherelands of village Chilla Sirodha Bangar might have been equated with other landswhere higher market value has been allowed. Consequently we allow the appealand hold that the appellant will be entitled to compensation at the rate of Rs. 2,000/- per bigha besides solatium at 15% p. a. and statutory interest at the rate of 6% p. a. on the enhanced compensation from the date of taking possession till payment withproportionate costs of appeal.