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7. The basis of for determination of amount in respect of acquisition of landin Municipal areas and in rural areas is clearly discriminatory. In respect of acquisition of land in the rural areas, the owneer os the lands ae entitled to receive the amont of compenastion to be determined in accordance with the provision of the Land Acquisition Act, 1984. That enables the owner to receive the market value whichwould be determined in accordance with the would be determined in accordance with the principles laid down under Section 23 of the Land Acquisition Act. Section 23 of the Land Acquisition Act provides that the Court shall take into consideration the market value the potentiality of the land is always taaaken into account. Even if an agricultural land is acquired under the Land Acquisition ?Act, while determining compensation , if it is noticed that the land has potentiality to be used as building site then market value of such land would befar in excess than that of the agricultural land. Section 23 also enables the owner of land to claim damages sustained by reason of losing possession standing crops of tres or by severance of land from theother lands of the owner of the damage suffered by reason of the acquisition injuriously affecting the other compelled to change his residence or place ofbusiness. All these advantages ae available tothe owner of the land if the basis for determination of the land is in accordance with the provisions of the land Acquisition Act, .In addition to this, under sub-section (2) of Section 23 of the Land, Acquisition Act. In addition tothis, under Sub-section (2) of Section 23 of the Land Acquisition ACt, the owner is entitled to a sum of fifteen per cent on such market value as consideration of thecompulsory nature if the acquisition. This amount of solatium is available porvided the compensation is determined in accordance with the provision of the Land Acquistion Act. The power of the land situated within the rural areas also gets an advantrage to approach the Civil Court against the determination Officer, while such right is to the owner of the land within the Municipal areas. In view of the provisions of s. 44(3) of theAct, the owner of the land in Municipal area is entitled to the amount for compulsory acquisition, which is equal toone hundred times the net average monthly in come derived during the period of vie consective years immediately preceding the date of publicaiton of the notification. This net average monthly income has no relation whatsoever with the market value of the landandis an entirely artificial method of ascertaining the market value. While ascertaingig the net average monthly income, the First Schedule procvides that forty percent of the gross rental should be excluded for the ppurpose of tax and maintenance of the property. And the Act does not give any indication as to why the amount of forty percent out of the gross rental is required to be deducted . In the State maharastra, several Rent Acts and Tenancy Acts are in excess of whart was prevailing in the year 1940. The rents in the earlier years were mere pittance compared to ahat rent could be chargedin respect of the properties newly constructed, and therefore, the net of average monthly income could byu no stretch of imagination reflect the true value of the property. In respect of agricultrual lands the owner is not entitled to charge more, than the standard rent and determining the compensation on the basis of net average monthly income would be very inappropriate method. Shri singavi is right in his submission that there is no rational or logic a sto why the oweners of thelands in municipal areas should be deproved of the advantage of the provisions of the Land Acquisition Act, while such right is conferred upon the owner of the lands in the rural areas.