JUDGMENT
M.K. Chawla, J.
(1) This Judgment will dispose of two connected appeals bearing no. R.F.A. 9/87 and R.F.A. 10/87 (S.K. Saragi and ors. v. Union of India), as they arise out of the same Judgment.
(2) A large track of land in village Madanpur Khadar, New Delhi was notified for acquisition under Sections 4 and 6 of the Land Acquisition Act on 8th May, 1981, for construction of Jasola Drain After hearing the interested parties, the Award bearing no. 34/82-83 was announced on 30th August, 1984. The Land Acquisition Controller assessed the market value of the land at Rs. 4000.00 per bigha. Dissatisfied with the low assessment ‘of the market value of their land, Shri Bhanwar Singh and others preferred a reference under Section 18 of the Land Acquisition Act. During the pendency of the said reference petition, Shri Bhanwar Singh and others transferred and assigned their rights to the present appellant. The learned Addl. District Judge on careful consideration of the oral as well as documentary evidence recorded before him assessed the market value of the land in question at Rs. 19040.00 per bigha.
(3) In the present appeals, the appellant claim the market value of the acquired land at Rs. 30000.00 per bigha on numerous grounds. However, the foremost contention of the learned counsel for the appellant is that in a subsequent Judgment, relating to the land in village Madanpur Khadar, Shri T.S. Oberio, Addl. District Judge, Delhi, has fixed the market value at Rs. 26250.00 per bigha for the land acquired under Section 4 notification dated 15.6.79 On that score alone, the appellant submits, the appellants are entitled to Rs. 30000.00 per bigha for their land acquired in the year 1981.
(4) Before dealing with the submission of the learned counsel for the appellants, we have first to dispose of their application under Order 41 Rule 27 Civil Procedure Code . (C.M. 8/87) seeking the permission to place on record the certified copy of the Judgment and decree in L.A.C. No. 21/83 titled as Shri Badlu and others v. Union of India and others, dated 22.5.86 by Shri T.S. Oberoi,Addl. District Judge, Delhi. This application was taken up on 19th February, 1987 and the application was ordered to be heard Along with the appeal. In spite of the service, the respondents have not filed any reply. Learned counsel for the respondents does not dispute the correctness of the certified copy of the Judgment of the Addl. District Judge and as such we have no hesitation to allow the application.
(5) In support of his submission, learned counsel has referred to and relied upon the Judgments of this Court whereunder the market value of the land situated in village Badarpur and Molarband was assessed at Rs. 12000.00 per bigha acquired sometime in the year 1964. Subsequently, for the land acquired in 1969 in adjoining village Aali, this Court in the case, R.E.A. 383/76 Jagmal and others v. Union of India, assessed the market value of the land at Rs. 17000.00 . The reason for this increase was stated as under : “In our opinion, the fair and just compensation to award will be Rs. 17000.00 per bigha giving an increase of Rs. 1000.00 per bigha for each of these 5 years which elapsed between the cases of Ranjit Singh and Bharat Singh and the present case. There could be no dispute that there has been an upward trend in the market price of the land between the years 1964 and 1969. Keeping this trend in view, Rs. 17000.00 per bigha is the fair market price”.
(6) Following this criterion, in our Judgment in R.F.A. No. 203/83, Jagdev Singh v. Union of India, we determined the market value of the land in this village at Rs. 27,000.00 per bigha, acquired in June, 1979.
(7) The petitioner’s land admittedly has been notified for acquisition u/s. 4 and 6 of the land Acquisition Act on 8th May, 1981 i.e. almost two years of the land subject-matter of Jagdev Singh’s case (supra). On that basis, learned counsel is justified in asking for the compensation at the rate of Rs. 19,000.00 per bigha after a lapse of 2 years and not Rs. 30000/ per bigha. His argument is further strengthened from the subsequent Judgment of the Addl. District Judge in L.A.C. no 21/83 (referred to above). The increase of Rs. 1000.00 per bigha for subsequent years, as observed earlier, in our opinion is the right basis for calculating the compensation. We accordingly fix the market value of the appellants, land at Rs. , per bigha.
(8) In addition to the market value, the appellant will also be entitled to an additional amount at the rate of 12% p.a. on the market value in terms of Section 23(1)(a), as amended by the Land Acquisition (Amendment) Act, 1984 from the date of notification u/s 4 of the Act till the date of the making of the Award or taking of possession whichever is earlier. The appellants will be further entitled to a solarium at the rate of 30% on the market value under the amended law. Whatever has already been paid either towards the market value, solarium or interest, will be deducted.
(9) The appellant will also be entitled to costs. The decree sheet will not be drawn unless additional court fee is paid.