The market value of land acquired under the Land Acquisition Act, 1894 should be determined based on the evidence of the market value of the land in the village itself, and not on the evidence of sale deeds of adjoining villages.

( 1 ) THESE two appeals filed under section 54 of the Land Acquisition Act, 1894 (for short the Act ) pertain to village Khizarabad in the Union territory of Delhi. Notification under section 4 of the Act was issued on 3 June 1961 and declaration under section 6 on 27 October 1961. The award by the Land Acquisition Collector was made on 27 February 1962. He divided the land in two blocks and fixed market value of the land in Block A Dewan Ram Saroop deceased Lrs. and Others Vs. Union of India at Rs. 4,000. 00 per bigha and that in Block B at Rs. 2,500. 00 per bigha.

( 2 ) IN fact there are two different awards. In RFA 288/68 the award number is 1287 and the land measuring I bigha 2 biswas, but we are concerned with 4/5th of this land, i. e. , 800 sq. yds. in this appeal. In RFA 299/68 the award number is 1283 and it pertains to khasra No. 2/4/1 measuring 10 biswas and in appeal we are concerned with 4/5th of this, i. e. , 400 sq. yds. of land.

( 3 ) THE Collector awarded compensation at the rate of Rs. 2,500. 00 per bigha. On a reference made under section 18 of the Act, the learned Additional District Judge by the impugned judgment which is dated 16 April 1968 fixed the market value of the land at Rs. 5,000. 00 per bigha and thereby giving enhancement of Rs. 2,500. 00 per bigha. Not satisfied the present two appeals were Filed and when originally filed the appellants sought enhancement of compensation at RS. 10. 00 per sq. yd. , i. e. Rs. 10,000. 00 per bigha. On an application filed under Order 6 Rule 17 and section 151 of the Code the claim made in appeal was sought to be enhanced to Rs. 30,000. 00 per bigha in RFA 288/68. This application was allowed. A similar application is, however, pending consideration in RFA 299/68.

( 4 ) THE impugned judgment is quite a considered one and the learned Additional District Judge noticed the contention of the appellants that the value of the land in the year 1961 must be at least Rs. 15. 00 per sq. yd. The appellants produced copies of sale deeds showing sale of land in village Khizarabad (Exts. A-11 to A-16) where the land measuring 150 sq. yds. or so had been sold for Rs. 1,500. 00 in February 1958 and that measuring 200 sq. yds. orsoforrs. 2,000. 00 also in February 1958. By sale deed Ext. A-16 another piece of land measurmg 100 sq. yds. had been sold for Rs. 1,000. 00 in April 1957. These plots had been carved out in what is now known asbharatnagar,an undeveloped colony. All these pieces of land form part of khasra No. 13 and on this basis it was argued that the average sale price was RS. 10. 00 per sq. yd. in the year 1958. The learned Additional District Judge, however, noticed that in the case before him the plots were of bigger size and he was, therefore, of the view that since plots of smaller size fetched more price, these sale deeds could not give a proper indication of the market value of the land in question on the date of notification under section 4 of the Act. The appellants had also produced a sale deed (Ext. A-9) regarding sale of house built on a plot of land measuring 1845. 6 sq. yds. in the New Friends Colony, New Delhi, a fully developed colony. The sale deed is dated 5 December 1960 and the sale consideration Rs. 1,10,000. 00. The agreement to sell was entered into on 31 October 1960. The sale deed does not indicate the built up area of the house. It is, therefore, no indication of the market value of the land in question (Khasra No. l2) which, though, it is stated to be situated 500 yards or so away from the property subject-matter of the aforesaid sale deed and which is undeveloped one. The appellants also produced evidence of sale of I bigha 8 biswas of land in village Bahapur by sale deed (Ext. A-17) dated 30 April 1958 for a consideration of Rs. 34,200. 00. It has also come in evidence that khasra No. 2/4/1 is near Holy Family Hospital at a distance of 100 yards from the back of the hospital. The hospital is situated in village Jogabai on th