Judgment:
S.S. Chadha, J.
(1) This appeal has arisen out of judgment dated 30th September, 1976 of the Court of Shri C.D. Vasishta, learned Additional District Judge, Delhi answering a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') in respect of award No. 1976 of village Mithepur announced on 26th July, 1967.
(2) Land measuring 44 bighas 12 bids was in the revenue estate of Mithepur was notified for acquisition under a preliminary notification under Section 4 dated August 23, 1966. The provisions of Section 17 were invoked as the land was required urgently for the construction of Gurgaon Canal along Agra Canal The declaration under Section 6 was issued also on August 23,1966. The Land Acquisition Collector gave his award No. 1976 dated July 26, 1967 and offered a compensation at the rate of Rs. 1,500.00 per bigha. The claimants were not satisfied with the compensation 'offered and made a petition under Section 18 of the Act for determination of the compensation by the Court. The reference was answered by the learned Additional District Judge in the order under the appeal. He determined the market value of the acquired land at the rate of Rs. 4,445.00 per bigha.
(3) The appellant, Union of India, in the appeal pray for setting aside the determination of the market value of the land by the learned Additional District Judge and for restoration of the value as assessed by the Land Acquisition Collector at Rs. 1.500.00 per bigha. Ranjit Singh s/o Anant Ram has filed cross-objections under Order 41 Rule 22 of the Code of Civil Procedure and claims the determination of compensation at the rate of Rs. 20,000.00 per bigha. The appeal as well as the cross-objections are disposed of by this common order.
(4) The learned Additional District Judge based his determination on the judgment Ext. X/1 relating Award No. 55/69-70 in Lac 199/70 pertaining to village Mithepur in which the notification under Section 4 of the Act was issued on December 23,1969. The market value of the land involved in judgment Ext. X/l was assessed at the rate of Rs. 5,250.00 per bigha at the relevant time of preliminary notification dated December 23, 1969, while the Collector assessed the market value of the land at therateofRs.2,000.00 per bigha in the said award. The judgment Ext. X/l is itself based on the sale deed dated September 9, 1968 in respect of an area of 4 bighasl6 bids was of land in the revenue estate of Molarband. The sale consideration is Rs.25,000.00 , approximately Rs.5,208.00 per bigha. The other judgment relied in Ext. X/l is of Lac No. 335/70 relating to the revenue estate of Jaitpur. The market value of the land involved was assessed at Rs. 5,500.00 per bigha at the time of the preliminary ratification under Section 4 of the Act issued on 6th January, 1969. Placing reliance on these two documents the market value in Ext. X/l was assessed at the rate of Rs. 5,250.00 per bigha. The learned Additional District Judge made a deduction at the rate of 5% per annum and deducting a sum of Rs. 805.00 out of the market value of Rs. 5,250.00 , he determined the market value of the acquired land in this case at the rate of Rs. 4,445.00 per bigha.
(5) The learned Additional District Judge perused the copy of Aks Shajra, Ext. R-4, and came to the conclusion that the location, situation, nature, kind of land etc. in dispute are the same as compared to the land involved in the copy of judgment Ext. X/l. The revenue estate of Mithepur is between village Molarband and village Jaitpur.
(6) Under Award No. 55/8969-70 land measuring 31 bighas 18 bids was situate in the revenue estate of village Mithepur was acquired for construction of Gurgaon Canal feeder and the preliminary notification under Section 4 was issued on 23rd December, 1969. The Government also acquired land for public purpose, namely, for ash disposal and railway siding Badarpur Thermal Power Project as a result of preliminary notification issued under Section 4 of the Act on January 6, 1969 and the land acquired was in the revenue estate of Jaitpur. In Lac No. 335/70 the learned Additional District Judge determined the market value in village Jaitpur at the rate of Rs. 5.500.00 per bigha. A number of appeals were filed in this Court. In Rfa 41/76 & Rfa 100/76, Shrimati Sabharai v. Union of India, Avadh Behari, Rohatgi, J. in the judgment dated February 14, 1979 determined the market value at the rate of Rs. 9,000.00 per bigha. He relied on two transactions of sale in village Molarband of September 9, 1968 and September 11, 1968 as evidence by the sale deeds. The consideration was at the rate of Rs. 5,208.00 per bigha. The land of the two sale deeds was barani and, thus, inferior to abpashi land. The two sale deeds village Molarband were considered on the ground that village Molarband was contiguous to the revenue estate of village Jaitpur and only one kila of land marked off the boundaries of the villages of Jaitpur and Molarband. The market value of the land was assessed at the rate of Rs. 8,000.00 per bigha but as the Land Reform Act was not applicable, the learned single Judge allowed and increase of Rs. 1,000.00 per bigha on the land in question because of that. The determination of the compensation in respect of village Jaitpur for determination of the market value of the acquired land in this case is, thus, relevant.
(7) In Rfa 254/78, Union of India v. Bharat Singh & Ors., decided on December 14, 1984, a Division Bench of this Court determined the market value of the land in village Molarband acquired pursuant to a notification under Section 4 of the Act dated April 6, 1964. The importance of the land and the potentiality of Molarband was compared to the land in village Badarpur. In Ranjit v. Union of India and another, Rfa 10/72, decided on August 29, 1984 a Division Bench of this Court determined the market value of the land in village Badarpur as on April 6, 1964 at the rate ofRs.l2,000.00 . The Division Bench was inclined to follow their previous judgment in Ranjit Singh's case and fixed the market value of the acquired land in that case at the rate of Rs. 12,000.00 per bigha in the revenue estate of Molarband.
(8) Another Division Bench of this Court to which one of us (S.S. Chadha, J.) was a party, in Rfa 257/76, Union of India v. Raghubir Saran & 0rs, decided on November 23, 1987, determined the market value of the acquired land in village Molarband at the rate of Rs. 12,000.00 per bigha on the date of the preliminary notification dated April 6, 1964.
(9) The measure of the value of land is the market value and the Court has sometimes to enter the arena of guess work. The prices paid for the land and property in the neighborhood are the usual evidence as to the market value. There is no determination of compensation with respect of Mithepur by the High Court. This Court has determined the market value of the acquired land in village Jaitpur at the rate of Rs. 9,000.00 per bigha as on January 6, 1969 and Rs. 12,000.00 per bigha in respect of the land of village Molarband as on April 6,1964. The learned Additional District Judge, on the scrutiny of aks shajra, Ext. R-4, has come to the conclusion that the location, situation, nature and kind of land of village Mithepur is the same as that of the land in village Jaitpur and village Molarband. Village Mithepur is in between Molarband and Jaitpur. Village Molarband is nearer to the population in Delhi whereas village Jaitpur is farther away. It is for this reason that the value of land in village Jaitpur has been assessed at Rs. 9,000.00 per bigha as on 6th January, 1969 and that of Village Molar- band at the rate of Rs. 12,000.00 as on 6th April, 1964. The preliminary notification in the appeal before us was issued on August 23, 1966. The Delhi Land Reform Act is applicable to the land in dispute and, thereforee there is a restriction to the user of the land for any purpose other than agricultural purposes. For using it as a building site the person has to obtain clearance from the authorities and this would depress the market value of the acquired land.
(10) After taking into consideration the determination of the market value of the lands in village Molarband & Jaitpur and the fact that the acquired land in this case is covered by the provisions of Delhi Land Reform Act, we determine the market value at the rate of Rs. 12,000.00 per bigha as on August 23,1966.
(11) In addition to the market value calculated at the aforesaid enhanced rate, the respondent will also be entitled to solarium at the rate of 15% and interest at the rate of 6% per annum from the date of taking over the possession till the date of deposit of the enhanced amount of compensation. So far as the entitlement of the respondent to the additional amount in terms of Section 23(1 A) at the rate of 12%, solarium at the rate of 30% on the market value under the Amendment Act 68 of 1984 and interest at the rate of 9% per annum for a period of one year from the taking over the possession and thereafter 15% on the enhanced compensation till payment is concerned, we are informed that these questions have been referred to a larger Bench of the Supreme Court and the judgment has been reserved. If and when the judgment is delivered in the matter and if the respondent is found to be entitled to the increased amount, solarium, interest or additional amount, he will be entitled to receive the same from the Land Acquisition Collector in accordance with law. Whatever has been paid shall be deducted. The respondent/ cross-objector will be entitled to proportionate costs.