Dewan Ram Saroop Deceased Lrs. And Ors. vs Union Of India (Uoi) on 23 October, 1992
6. By various judgments and one (Smt. C. Bhagirathamma v. Union of India and Anr.), this Court had been awarding compensation for land acquired in village Kilokari at the rate of Rs. 26,000/- per bigha. In Delhi Simla Catholic Archdiocese we have noticed that this Court in two appeals fixed the market value of the land in village Bahapur at the rate of Rs. 19,000/- per bigha where the land was situated on the main Mathura Road and Rs. 16,000/- per bigha when it was away from the road. Thus, we have the market value of the land in village Bahapur at the rate of Rs. 19,000/- per bigha and even at Rs. 16,000/- per bigha, that in village Jogabai at the rate of Rs. 15,000/- per bigha and that in Kilokari at the rate of Rs. 26,000/- per bigha. We have also, as noted above, the evidence of the market value of the land in village Khizarabad itself which as per Section 23 of the Act would be the only relevant factor or evidence to arrive at the market value of the land in question. In 1958 the market value was Rs. 10/- per sq. yd. if we refer to sale deeds though of smaller plots. In awarding compensation some amount of guess work is certainly required and we are of the opinion that rate of a bigger plot of land would be Rs. 9.50/- per sq. yd., i.e. Rs. 9,500/- per bigha. Adding to this increase of price at the rate of rupee one per square yard per year, the market value of the land in the year 1961 would come to Rs. 12,500/- per bigha which according to us would be the correct market value of the land in question. These appeals are accordingly allowed and the market value of the land is fixed at Rs. 12,500/- per bigha. The appellants will be entitled to solarium at the rate of 15% on the market value of the land and interest at the rate of 6% per annum from the date on which the Collector took possession of the land till the date of payment. Appellants will also be entitled to proportionate costs limited to court fee only.