1. This is an appeal by the Government against the amount awarded to the respondents in respect of lands taken by Government in the village of Birpur, near Dehra Dun. The Collector calculated the value of the lands at 16 years' purchase of the annual rents and profits, which he found to amount to Rs. 4-11-5, per katcha bigha,: The sum awarded by him was Rs. 4,153-12-0, including 15 per cent for compulsory purchase. The learned District Judge, on a reference to him, came to the conclusion that the compensation so awarded was entirely inadequate. He calculated the compensation at exactly double the number of years' purchase given by the Collector, and with 15 per cent. added, awarded Rs. 8,307-8-0, as fair compensation for the lands purchased. The area of the lands roughly speaking is 133 acres which represents nearly 700 bighas. From the decision of the learned District Judge, Government has appealed, the grounds of appeal being that the lower Court was wrong in rejecting the Collector's method of valuation, while it admitted that valuation to be correct for land admittedly agricultural and that the lower Court's own method of valuation was conjectural and opposed to the facts proved.
2. There is evidence on the record which shows that there was reasonable probability at the date of the Notification of the Government that the lands in Birpur would be required for building purposes in view of the extension of Dehra Dun. We think the learned District Judge rightly held that this fact should be taken into consideration. He says that he is of opinion that the Collector's method of valuation, namely, by capitalization of the rental is correct in view of the fact that the land, had it been thrown open to the market at the date of the Notification, would have been bought for the immediate purpose of being used as agricultural land. But he observes that inasmuch as I hold that a factor in the determination of the market-value of the land at such date would have been the possibility of the land, or some of it, being used at some time or other for non-agricultural purposes, the valuation per Bigha obtained by capitalizing at 16 years' purchase value does not appear to me sufficiently high.' He accordingly allowed the compensation to which objection is taken. We think, as we have said, that the learned District Judge was right in taking into consideration the probability that there might be a demand for the land in question for building purposes. We have then to see what is the fair value of this land bearing in mind this factor. Three sale-deeds of property in the village of Birpur were produced as evidence to show the value of land in that village. These sale-deeds are dated the 10th of January 1901, 4th of August 1902, and the 26th of February 1903. The average rate per katcha bigha at which the lands, comprised in these sale-deeds, were sold is Rs. 6-14-0. These deeds furnish fair criteria of the value of lands in the village of Birpur at the time the Government Notification was issued. Allowing compensation at the rate of Rs. 6-14-0 per katcha bigha the compensation for the lands, the subject matter of this appeal, would, roughly speaking, come to something less than Rs. 5,000. To this we add a sum of Rs. 500 as compensation in respect of the enhanced value which the land has in view of its being used hereafter as building land and hold that Rs. 5,500 is fair compensation for the land. To this 15 per cent is to be added which gives a gross sum of Rs. 6,325. We allow this sum and modify the order of the Court below reducing the amount of compensation from Rs. 8,307-8-0 to Rs. 6,325. The parties respectively will abide their own costs in this Court and in the Court below.