would come to Rs.
8,44,211/- whereas if the capitalization method is adopted
and the report of the witness examined by respondent ... compensation as has
been assessed on the basis of capitalization method by the
valuation expert, and accordingly awarded the
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been found by the Reference Court by resorting to
income capitalization method, I do not see any such method having gone
into determination ... contention of the
learned counsel for the appellants that as income capitalization method
was adopted, the portion of the acquired land on which orchard stood
been found by the Reference Court by resorting to
income capitalization method, I do not see any such method having gone
into determination ... contention of the
learned counsel for the appellants that as income capitalization method
was adopted, the portion of the acquired land on which orchard stood
adopting different methods, inter
alia the following methods have a larger acceptance in law :
(a) Sales Statistics Method : In applying this
method, it has been ... Income Method : This
method has also been applied by the courts. In this
method of determination of market value, capitalization
of net income method
basis of those sale deeds and in such a case the
capitalization method of assessment cannot be resorted to. It is a matter of
common ... land situated in the vicinity of the
acquired land and the capitalization method should be taken recourse to in view
of the Apex Court
held that "when amount of compensation is determined
by capitalization method, there can be justification for claimant being not
given separate compensation for land
accepting the said rate without adhering to any of the three
methods for determination of the market value of the acquired land.
It is submitted ... acquired land to determine the market
value on the basis of capitalization method. Hence, according to
him, the judgment of the reference court accepting
relevant period available on
record. On the basis of income capitalization method, the Reference Court
found that the amount of Rs. 2000/- per acre could
acre per year. As respondent No.1
is relying upon the capitalization income method, no sale instances are
relied upon by respondent ... receiving from acquired land, it is necessary to apply the
capitalization income method for assessing the market value of the
acquired land. His income from
acre per
annum. Thus, having found that the capitalization method
for assessing the income of the acquired land is not useful,
the learned Reference Court