JUDGMENT
M.K. Sharma, J.
(1) This is an appeal filed by the Union of India under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) against the enhancement of compensation payable to the claimant/respondent under the award dated 20.11.1979 in Lac No. 445/1974 passed by the Additional District Judge, Delhi for the land belonging to the company at Village Bahapur, Delhi acquired for public purposes under Notification dated 13.11.1972 under Section 4 of the Land Acquisition Act.
(2) By the aforesaid notification dated 13.II.1972 issued under Section 4 of the Act a total land measuring 14 biswas situated within Khasra No. 1228/115 of Village Bahapur was acquired and the Land Acquisition Collector by his Award No. 66/73-74 assessed the land acquisition compensation for the said land at Rs. 11,000.00 per bigha. From the award passed by the Land Acquisition Collector it appears that on coming to this conclusion for determination of the Land Acquisition compensation form the disputed land he relied upon Awards No. 1211, 1387 and 1422 of Village Bahapur which related to notifications issued on 13.11.1959 under Section 4 of the Act.
(3) On reference the Additional District Judge through the impugned award enhanced the compensation amount and determined the same at Rs. 55,000.00 per bigha. While determining the aforesaid market value the Additional District Judge relied on a sale deed which was Ex.A.W-3/1 by which 17 biswas of land were sold for Rs. 51,000.00 . The sale deed, it appears was executed on 8.10.1970. The learned Additional District Judge relying on the transaction as reflected from the aforesaid sale deed held that since the market price had been rising tentatively @ 6% per annum, the market value as on 3.11.1972 worked out to Rs. 57,000.00 per bigha approximately, out of which he deducted an amount of Rs. 2,000.00 per bigha, which according to the Additional District Judge was sufficient for raising the level of the land under reference to the level of the adjoining land according to the prices prevailing in the year 1972.
(4) Being aggrieved by the aforesaid enhancement the Union of India has filed the present appeal in this Court. The claimant/respondent has filed cross-objections in the present appeal claiming a higher compensation than wha t was awarded by the Additional District Judge.
(5) We have been taken through the contents of the award passed by the learned Additional District Judge. The learned Counsel for the respondent has also drawn our attention to the concluding portion of the award passed by the learned Additional District Judge and submitted that the calculation of the Additional District Judge in arriving at the market value of the land at Rs. 55,000.00 is erroneous and based on misreading of the evidence inasmuch as considering the sale price as reflected in the sale deed dated 8.10.1970 (Ex.A.W.3/l) the market value as on 3.11.1972 should have been actually worked out to Rs. 67.000.00 per bigha. After deducting Rs. 2,000.00 per bigha which is sufficient for raising the level of the land under reference, the minimum market value of the disputed land should have been fixed at Rs. 65,000.00 per bigha.
(6) On consideration of the evidence on record we find sufficient force in the submission of the learned Counsel appearing for the respondents. In our opinion, going by the calculation done by the Additional District Judge, the market value as on 3.11.1992 works out to near about Rs. 67,000.00 per bigha, and after making a deduction of Rs. 2,000.00 perbigha,which in our opinion also is sufficient for raising the level of the land, the market value of the land as on the relevant tale should have been Rs. 65,000.00 per bigha.
(7) We have come to the aforesaid conclusion on the basis of the sale price as reflected from the sale deed which is Ex.A.W-3/1, wherein 17 biswas of land was sold at Rs. 51,000.00 on 8.10.1970. Accordingly, going by the aforesaid calculation the rate per bigha as on 8.10.1970 would work out to Rs. 60,000.00 .When we add 6% per annum as the value towards cost of rising price for about 25 months, the total amount works out to about Rs. 67,500 .00 . However, as the respondent/claimant by their cross-objection have claimed Rs. 60,000.00 per bigha for the acquired land we hold that the respondent/claimant shall be entitled as the market value of the disputed land at Rs. 60,000.00 per bigha.
(8) In the result, the appeal filed by the appellant/Union of India is dismissed. On the cross-Objections filed by the respondent/claimant we order that the respondent/claimant shall be entitled to enhancement of market value of the disputed land which we determine as Rs. 60,000.00 per bigha. Over and above, the respondent/claimant shall also be entitled to a solarium of 15% of the market value and also an interest @ 6% per annum on the enhanced compensation from the date of possession of the land to the date of payment in Court. The respondent/ claimant shall also be entitled to the costs limited to the Court fee.