ANAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to a notification under Section 4 of the Land Acquisition Act, 1894 the Act') dated 24th October, 1961, the appeallant's land was acquired by the respondent. Union of India. The land was situated in village Jasola admeasuring 8 bighas bearing Khasra No. 18 min in which the appellant has got only half share, i.e., 4 bighas only, made the award (No. 14/74-75). He offered compensation to the appellant at the rate of Rs. 4500 per bigha. On a reference under Section 18 of the Act, the learned Additional District Judge enhanced the compensation from Rs. 4500 to Rs. 4900 per bigha. He found that there was no material before him to determine the market value of the land. So he said : ''We have to be guided by oar own experience. The Land Acquisition Col-lector fixed the market value at Rs. 4500 per bigha. I think it should be Rs. 4900 per bigha and I assess it accordingly." From his order dated 9-5-79 the appellant appeals to this court.

(2.) Village Jasola is situated on the two sides of Mathura Road. On one side it adjoins village Bahapur. On the other side of the road village Okhia as well as Bahapur adjoin village Jasola. Counsel for the appellant concedes that there is no sale transaction in this village evidencing the market value of the land on 24-10-61, the date with which we are concerned. But he says that the acquired land had great potential value which factor has been completely ignored both by the Land Acquistion Collector as well as by the additional district judge. He has brought to our attention the fact that the market value of the land village Bahapur was ranging between Rs. 14.25 and Rs. 21 per sq. yd. In particular, he referred us to the cases decided by this court in respect of village Bahapur where the market value was determined between Rs. 14.25 and Rs. 21.35 per sq. yard as would appear from the following decisions : 1. Union of India Vs. Dr. Har Gobind : R.F.A. No. 341171, decided on 2-5-1977(1). In this case, the notification under section 4 was issued on 24-10-61. The market value of the land was fixed at Rs. 19 per square yard. 2. Union of India Vs. Piare Lal : R.F.A. No. 11-D/66, decided on 16th August, 1976(2). Section 4 notification was of 3-6-1961. The market value of the land was determined at Rs. 20 per square yard. 3. Amrit Singh Vs. Union of India R.F.A. No. 286/77 decided on 23-5-1979(3). Notification under section 4 was issued on 24-10-61. The market price of the land was determined at Rs. 21,350 per bigha. 4. R. N. Tikku Vs. Union of India : L.P.A. No. 170/80 decided on 24-8-1980(4). Notification under section 4 was issued on 13-11-1959. The market price of the land was determined Rs. 14.25 per sq. yard.

(3.) These cases are no doubt concerning the land of village Bahapur. Village Bahapur as we have seen, adjoins village Jasola on both sides. If the prices of the land in village Bahapur were rising, it is not possible to say that there was no increase in the value of the land in village Jasola. In R. N. Tikku's case, the Division Bench has observed that during those days of 1959 the prices were rising and there was an increase of Rs. 4 per year. They said, "one can therefore safely say that the rate of escalation was Re. 1 per square yard for every three months". We cannot assent to this broad generalisation. But we can say this that there had been an upward trend in market values generally is not only indisputable as a matter of opinion, but is affirmatively supported by satisfactory proof.