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In Jagmal vs. Union of India, RFA No. 383 of 1976, decided on 09.01.1985, this Court determined the compensation in respect of the land in village Aaali notified on 12.06.1969 at Rs 17,000/- per bigha. In Union of India vs. Lekhi 1992 (47) DLT 19, this court determined compensation at Rs 17,000/- per bigha in respect of the land in village Aali notified on 06.01.1969.

The appellants before this Court have not placed on record any sale deed executed in village Aali on or around 06.04.1964 or within a span of 4-5 years before or after the said date. They have not placed on record any award or judgment in respect of the land notified in village Aali on or around 06.04.1964 or within a span of 4-5 years before or after the said date. The appellants have not placed on record any sale deed of a village adjoining village Aali executed on or after 06.04.1964 or within a period of 4-5 years before or after the said date. Similarly, they have not placed on record any award or judgment in respect of land notified in an adjoining village on or around 06.04.1964 of within a span of 4-5 years before or after the said date. In these circumstances, the compensation determined by this Court in respect of the land notified in this very village in the year 1969 becomes a relevant evidence which can be used for determining compensation in respect of the land in question after making requisite adjustment for the time lag between 06.04.1964 and the date of notification in the year 1969.

9. The case of the appellants before this Court is based primarily upon the decision of this Court in Babu Lal vs. Union of India, RFA No. 7/1988, decided on 29.05.1988, whereby the market value of the land notified in village Jasola on 06.04.1964 was determined at Rs 28,000/- per bigha. In my view, no reliance on the said judgment can be placed primarily for two reasons. The first reason which dissuades me from relying upon this judgment is that it is not based upon any sale transaction in village Jasola, but is based solely upon the compensation determined by this Court in respect of land in another village called Bahpur. This is nobody's case that village Bahpur is adjoining, adjacent or even nearby village Aali. Therefore, applying the said judgment to this case would amount to determining the compensation of the land situated in village Aali on the basis of the value of land situated in village Bahpur which is quite far away from village Aali. It is this kind of determination of land value which has been expressly rejected by Supreme Court in Kanwar Singh (supra).

The second reason why the decision in Babu Lal (supra) cannot be applied to this case is that there is no evidence of village Jasola being adjacent to or adjoining village Aali. As held by Supreme Court in Kanwar Singh (supra), Karigowda (supra) and Gafar (supra), it is for the claimant to adduce evidence to prove the market value of the land in question on the relevant date, in case he is not satisfied with the compensation offered by the Land Acquisition Collector to him.

As held by Supreme Court in Panna Lal Ghosh (supra), for the purpose of determining the market value of the acquired land, the land sought to be compared must be similar in potentiality and nature. Therefore, it was for the appellants to prove that i) the land acquired in village Jasola, compensation for which was fixed by this Court in the case of Babu Lal (supra) was similar in potentiality and nature to the land in question in village Aali at the time it was notified on 06.04.1964. A perusal of the deposition of Ashok Kumar, Halqa Patwari would show that the village Jasola does not touch village Aali at any point and the distance between village Aali and village Jasola is about 3 kilometre. His deposition also shows that though some land of village Aali may be touching the main Mathura Road, the acquired land subject matter of compensation in this case is situated at a distance of 3 kilometre from Mathura Road and no development had taken place in the area of village Aali. He has also stated that the land which has been developed in village Jasola for residential cum commercial purposes is at considerable distance from the acquired land, which is far away from the main road. The only similarity in the land of village Aali and the land of village Jasola, according to this witness, is that both of them are used for agriculture purpose. According to this witness, village Madanpur Khadar is on the northern side of village Aali, village Jaitpur is on its southern side, it touches villages Tehkhand on western side and on the eastern side it touches the embankment of river Yamuna and land belonging to U.P. Government. A perusal of the plan issued by the Government at the time of Administrative Decision of Delhi, a copy of which has been placed on record by the learned counsel for the respondents would show that village Ali touches village Madanpur Khadar, village Jaitpur and village Molarband. Some part of village Aali also touches village Badarpur and a small part of village touches Saidabad. Therefore, it is only village Madanpur Khadar, village Jaitpur and village Molarband which are really adjacent to village Aali though the boundaries of village Saidabad and village Badarpur touch the boundaries of village Aali. No sale deed executed in village Madanpur Khadar, Jaitpur, Saidabad, Badarpur or Molarband, on or about 06.04.1964 or within a span of 4-5 years from that date has been produced by the petitioners. No award or judgment in respect of the land notified in any of these villages on or about 06.04.1964 or within 4-5 years from that date has been filed by them. On the other hand, as noted by the learned Additional District Judge this Court in the case of Ranjit vs. Union of India determined compensation in respect of village Badarpur at Rs 12,000/- per bigha for the land notified on 06.04.1964. In Union of India vs. Bharat Singh, RFA No. 254/1978, this Court determined the market value of the land notified in village Molarband on 06.04.1964 at Rs 12,000/- per bigha. In RFA No. 413 of 1977, Union of India vs. Debi Ram, decided on 09.12.1991, this Court determined the market value of the land notified on 06.01.1969 in village Aali at Rs 17,000/- per bigha.

11. Thus, irrespective of whether I apply the decision of this Court in respect of land notified in village Molarband, which is adjacent to village Aali, as on 06.04.1964 or I apply the decision of this Court in Ranjit (supra), determining the market value of the land notified in village Badarpur which also is a village adjacent to village Aali or I apply the decisions of this Court in respect of land notified in village Aali itself in the year 1969, the market value of land in village Aali as on 06.04.1964 cannot be said to be more than Rs 12,000/- per bigha.