1 S.B. Civil Misc. Appeal No.2241/2007 State of Rajasthan & Ors. vs. Ganga Ram. And other connected appeals IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT 1.S.B. Civil Misc. Appeal No.2241/2007 State of Rajasthan & Ors. vs. Ganga Ram. 2.S.B. Civil Misc. Appeal No.2643/2007 State of Rajasthan & Ors. vs. Mala Ram. 3.S.B. Civil Misc. Appeal No.787/2008 State of Rajasthan & Ors. vs. Jog Singh. 4.S.B. Civil Misc. Appeal No.788/2008 State of Rajasthan & Ors. vs. Heera & Ors. 5.S.B. Civil Misc. Appeal No.789/2008 State of Rajasthan & Ors. vs. LRs. of Harchand & Ors. 6.S.B. Civil Misc. Appeal No.794/2008 State of Rajasthan & Ors. vs. LRs. of Ganesha. 7.S.B. Civil Misc. Appeal No.795/2008 State of Rajasthan & Ors. vs. LRs. of Maka. 8.S.B. Civil Misc. Appeal No.796/2008 State of Rajasthan & Ors. vs. LRs. of Moti. 9.S.B. Civil Misc. Appeal No.797/2008 State of Rajasthan & Ors. vs. LRs. of Mayinga. 10.S.B. Civil Misc. Appeal No.798/2008 State of Rajasthan & Ors. vs. Bhagwana. 2 S.B. Civil Misc. Appeal No.2241/2007 State of Rajasthan & Ors. vs. Ganga Ram. And other connected appeals 11.S.B. Civil Misc. Appeal No.799/2008 State of Rajasthan & Ors. vs. Bhakhra Ram & Anr. 12.S.B. Civil Misc. Appeal No.800/2008 State of Rajasthan & Ors. vs. Karna & Anr. Date of Judgment : 17.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Arjun Singh, for the appellants. Mr.Vijay Purohit, for the respondents. - - - - - Heard learned counsel for the parties. In all these appeals, the point involved is whether the Civil Court, Civil Judge (Senior Division), Jalore, has committed error of law by calculating the market rate of the land in question. According to learned counsel for the appellant, the notification under Section 4 was lastly published on 2.9.2002. The Civil Court has considered the average rates of two DLC rates – one which was prevailing on 5.9.2001 and second which was prevailing on 31.12.2002. According to learned counsel for the appellant, the Civil Court committed serious error of law by taking 3 S.B. Civil Misc. Appeal No.2241/2007 State of Rajasthan & Ors. vs. Ganga Ram. And other connected appeals into account the DLC rates of 2002. It is also submitted that the Civil Court has committed serious error of law while calculating the solatium amount which has been awarded at the rate of 30% of market rate of land. It is also submitted that the Civil Court has committed error by not taking into account the depreciation of the building. I considered the submissions of learned counsel for the parties and perused the reasons given in the impugned award and particularly, the facts which are not in dispute. The last notification under Section 4 was issued on 2.9.2002. The appellate State claimed that the DLC rates of 5.9.2001 be applied for grant of compensation to the landholders. The contention of learned counsel for the appellant that the Civil Court should not have taken into account the DLC rates as declared on 31.12.2002. It is important to note that there is a difference of only four months in two rates. The Civil Court very carefully considered the two rates to point out the probable and near to exact rate of market rate of the property by adopting formula of average of two 4 S.B. Civil Misc. Appeal No.2241/2007 State of Rajasthan & Ors. vs. Ganga Ram. And other connected appeals rates and that too which changed within a period of four months only. DLC rate is not a determining factor but is a relevant factor for finding out the exact market rate of the property, there cannot be any straight jacket formula for determination of the market rate of the property. In view of the above reason, the Civil Court rightly determined the compensation of the land of various categories and I do not find any substance in the submission of learned counsel for the appellant. So far as the solatium is concerned, that has been granted as per law and it is also relevant to mention here that identical appeals have also been dismissed. The contention regarding interest raised by the appellant also has no merit. In view of the above reasons, I do not find any merit in these appeals and the same are hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya