The burden of proof lies on the claimant to establish advantageous features of the land for higher compensation.

1. This land acquisition reference is taken out under Section 18 of the Land Acquisition Act 1882 (LAR) for enhancement of compensation. The acquisition of land is not in dispute. It has been acquired for a Municipal retail market and for municipal housing. The compensation paid has been claimed to be inadequate by the claimant. The claimant would have to prove the inadequacy. The claimant has not led evidence of any sale instance in the vicinity during the period of acquisition. The claimant has led evidence on the inadequacy of the compensation granted. He would also contend that the land acquired on CTS No. 151 admeasuring 572.50 m² has been acquired of which is the owner and the entire land has not been taken into consideration for the payment of compensation. The acquiring body which is a municipality has also led evidence on the precise position of the land to show that the compensation which has been granted by the SLAO is adequate and sufficient. The case is entirely dependent upon oral evidence in view of the admitted position of the land, its situation, and the position of the facilities and amenities around the land. It would therefore have to be determined, taking into account the oral evidence led by the parties as to whether additional compensation is required to be granted.

2. The material issues between the parties are :

1. Whether the compensation fixed by the SLAO is adequate and sufficient.

2. Whether the claimant is entitled to any additional compensation.

3. What relief, if any, is the claimant entitled to ?

3. The claimant has led evidence and has been cross-examined. The claimant has also led evidence of an expert witness to show the value of the acquired land. The officer of the acquiring body has also led evidence on behalf of the acquiring body. These witnesses are cross-examined with regard to the exact position of the suit land alongside the other lands in the vicinity.

4. The issues shall have to be decided upon such oral evidence. Issue numbers 1 and 2 shall be decided together.

5. Issue Nos.1 and 2: The claimant has claimed that the entire land is 572.50 m². He has claimed that the 3 instances cited by the SLAO are not comparable with his land.

6. With regard to the features of his land, he has deposed that it is in the heart of Mahul village. The entire surrounding area is developed. There are market facilities, school facilities, and transport facilities in and surrounding his plot. All the other facilities are available at a short distance. The market rate in the ready reckoner was Rs.5400 per square metre at the relevant time. He, therefore, claims that the SLAO wrongly awarded compensation at the rate of 2970 per sq.mtr., though his land is developed with structures, fencing and trees. He has made grievance that the SLAO has not considered the valuation report which he submitted to him for calculating the market value. He has challenged the valuation of the trees in the acquired land.

7. He claims that he has fruit bearing trees and fuel bearing trees. He has disputed the valuation of the structures on the acquired land at Rs.1.31 lakhs fixed by the SLAO without reasons. He claims that the executive engineer, PWD valued the structures at Rs.3.82 lakhs which was not considered by the SLAO. He claims that the structures are prior to 1960 and have been assessed by the BMC. He is aggrieved that he used the acquired land for his residence and had to shift along with his household articles and materials. He also had a Wakhar on the suit land from which he earned an income of Rs.1.50. He had 20 tenanted structures on the suit land from which he received a rental income of Rs. 2 lakhs. He relied upon his income tax returns for the relevant years. He had put up a compound with 47 iron bars and iron rope, had pumps and water storage tank on the acquired land.

8. He claims that his land was slightly encroached upon by the occupant of the adjoining land. That encroachment is 3.75 m² which took place whi