CONTENTS

1. Introduction...................................................................................................................................1
1.1) Land Acquisition.....................................................................................................................1
1.2) Basic Principles of the Land Acquisition Act...........................................................................1
1.3) Procedure for Acquisition of Land..........................................................................................2
1.3.1 Investigation...................................................................................................................2
1.3.2 Objective and confirmation............................................................................................3
1.3.3 Claim and Award............................................................................................................4
1.3.4 The Land Acquisition Officer..........................................................................................4
1.3.5 The claim filed before a Land Acquisition Officer must contain:....................................4
1.3.6 Method of Valuation......................................................................................................5
1.3.7 Technique of valuation...................................................................................................5
1.3.8 Depreciation...................................................................................................................5
1.3.9 Depreciation as decrease in worth.................................................................................6
1.4) What is Fair Value?.................................................................................................................9
1.5) Determination of Fair Value...................................................................................................9
2. Brief Details of Project.................................................................................................................10
2.1 Project Information..............................................................................................................10
2.1.1 Vithalvadi and Ahiraula Bypass....................................................................................10
2.1.2 Kalyan Bridge...............................................................................................................10
2.1.3 Land-acquisition by the method of private negotiation...............................................11
2.1.4 Land-acquisition by the method of private negotiation under Resettlement &
Rehabilitation Policy....................................................................................................................11
3. Methodology...............................................................................................................................12
3.1 Collection of Data from secondary sources..........................................................................12
3.2 Methods Of Valuation..........................................................................................................12
3.2.1 Valuation Based on Circle Rates:-.................................................................................12
3.2.2 Valuation based on the twenty times of the Gross Annual Agricultural Produce........14
3.2.3 Sale Statistics Method / Valuation based on registered Sale Deed..............................15
4. Determination of Replacement Value..........................................................................................17
 VALUATION VALUATION OF LAND ACQUISITION

1. Introduction

1.1) Land Acquisition

“Land Acquisition” means acquiring of land for some public purpose by

government/government agency, as authorized by the law, from the
individual landowner(s) after paying government fixed compensation in lieu
of losses incurred by land owner(s) due to surrendering of his/their land to
the concerned government agency.

The subject of land acquisition can broadly be classified into two categories
namely:
 Acquisition subject to payment of amount
 Acquisition subject to payment of compensation

The first category deals with deprivation of property through the channel of
acquisition and law under which deprivation comes into effect has to be fair and
reasonable and it has also to provide modalities by which amount to be paid
computed. The living examples of this type of deprivation are Banks, Insurance
companies, Coal mines etc. the amount to be paid here has no relationship with
the market value and its extent does carry necessary content of social
reservation, a share of society in general.

The second category deals with acquisition of land needed for public utilities like
Atomic reactors, Oil refineries, Gardens etc for which it is essential to have land
at a fair price so as to fix the public finance to be minimum.

The Government of India has enacted the Land acquisition act in 1894, which has
been amended from time to time looking to the circumstances and needs of the
time. It gives no option to an individual if his land is required for a public purpose
and thus sale by him is compulsory.

1.2) Basic Principles of the Land Acquisition Act

 Land or Properties required for a public purpose

 Sale by an Owner is compulsory and there is no option in the same
 Owner to get market value as against sentimental or monopoly value and
no cut from the set market value towards social reservation
 Property is acquired free from all encumbrances
 In addition to the market value, an Owner will be entitled to additional
compensation of 30% on the value of such land for compulsory acquisition
which is known as Solatium.

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1.3) Procedure for Acquisition of Land

The procedure for acquisition of land can be divided into following parts:

1.3.1 Investigation

When land is required by a local authority or a company, an application is

required to be made by it to the revenue authority, the application to be
accompanied with a copy of plan showing Survey No., purpose of acquisition and
the reasons as to why this particular site has been selected for purpose of
acquisition. It must also contain the provision made for the cost of acquisition
proceedings. The application must contain the fact that the local authority or the
company as the case may be, did try in first instance to purchase the land by
negotiations which did not materialize for one reason or another and hence the
need for acquisition proceedings.

After the government has been fully satisfied about the purpose the least area
needed, and other relevant facts as provided under Land Acquisition rules, it will
issue a notification under Section – 4 of the Act in the State Government Gazette
Part – I, that the particular land is needed for a public purpose. One of the
revenue officers will the appointed to function as Collector to hold an enquiry
under Section 5 – A of the Act.

Section – 4 of the Act is very important as it fixes the material date for
determining the market value of a property. After notification under Section – 4,
the owner is prohibited from selling his property or disposing of in any manner he
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likes and further prevented from carrying out any works of improvement or
renovations for which no compensation will be payable if executed without
obtaining prior permission from the collector.

1.3.2 Objective and confirmation

Generally, the notice for acquisition of a particular land will be served on all
persons interested in land, inviting their objections to the said acquisition within
30 days from the date of notification under Section – 4 or from further date as
may be fixed by the collector.

The objections to the acquisition will be valid on one or more of the following
grounds namely:

1. That the purpose for which the land is proposed for acquisition is not a
public purpose.
2. That the land is not suitable for the said purpose.
3. That land under acquisition is less suitable than the other piece of land.
4. That the area under acquisition is excessive.
5. That the acquisition is a malafide one.
6. That the acquisition will destroy or impair the amenity of historical or
artistic monuments and places of public resort or will take away important
public rights of way or other conveniences or will desecrate religious
buildings, graveyards and the like.

The collector after hearing the parties will submit his report to the Government
with his observations and if the Government is satisfied about the same, it will
declare finally the land for acquisition under Section – 6; on the other hand if the
objections of the owners are upheld the Government can cancel the notification.
Section – 6 provides time limit of one year from the date of publication of
notification for the declaration to be made that land is required for a public
purpose.

After the publication of the notification under Section – 6 the Land Acquisition
Officer will proceed with the claim etc.

At times, the owner may file objections when the acquiring body desires to
acquire part of the property instead of whole. This will be under the provision of
Section 49(1) which prevents the Government from putting in force the
provisions of Land Acquisition Act in respect of only a part of the property when
the owner objects to the same. In this case if the owner desires and the
occupying body also agrees, the acquisition is proceeded further by notifying the
rest of the property afresh. However, if there is any dispute as to whether a
particular part notified does or does not form an integral part of the whole
property, it is obligatory on the part of Land Acquisition Officer to refer such
matter for the determination of the court. If the court holds in favour of the
claimant, the acquisition in respect of part is quashed, and Land Acquisition

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Officer will have to proceed further “de novo” for the acquisition of whole of the
property.

Section 49(2) deals with the rights of claimants for the claim of severance and
injurious affection to the rest of property on account of part acquisition. In case
the claim on account of severance or injurious affection is considered to be
excessive and unreasonable and if the Government feels it worthwhile acquiring
the rest of the property in0stead of paying compensation towards severance or
injurious affection and if the acquiring body also consents, the rest of the
property may be acquired by the Government, in which case, a simple order of
Government to acquire the same, entitles the acquisition of whole property and
the Land Acquisition Officer proceeds accordingly.

1.3.3 Claim and Award

The Land Acquisition Officer will issue notices under Section 9 to all the persons
interested in the acquisition, including the occupants, to file their claim reports.
He will conduct the necessary enquiries which are not judicial ones and his award
is merely an offer.

1.3.4 The Land Acquisition Officer

 Is not to be a party to the proceedings

 Is to possess an expert knowledge on valuation
 To offer a fair price to an owner; and
 Is to check that the public funds are not wasted.

1.3.5 The claim filed before a Land Acquisition Officer must contain:

 Name of the claimants and co- shares if any with their shares, a written
declaration is required to that effect.
 Document of profits
 Rents or profits for last 3 years
 Valuation report of an architect or engineer together with the documentary
evidence in support of the same.
 Whether the area given in notice issued by the collector is acceptable or
not.

A claim can either be made (1) After necessary notice has been issued by the
Land Acquisition Officer (L.A.O) or (2) SUO MOTO (Easement rights of a dominant
owner over the property under acquisition in which case the neighbours does not
receive any notice from the L.A.O unless such rights are recorded in the
collectors office as he has to file his claim report in response to the general
notice pasted on site.)

The Government has got the right to abandon the acquisition proceeding at any
time before the final declaration under Section – 6 by simply canceling the
notification under Section – 4.
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In case, however, the Government desires to drop any acquisition proposal after
notification under Section – 6, in respect of land the possession of which is not
taken over, it can do so under Section 48(1) of L.A. Act. However, in such cases,
compensation as provided under Section 48(2) will be required to be paid.

Leaving aside other legal aspects of various Sections of the Act, Section 23, 24 &
30 are important from valuation point of view as they provide what matters are
required to be considered and what matters are required to be neglected in
determining compensation and thus deal with the main principles of law of
compensation in India, along with appointment of compensation among
interested parties if any.

1.3.6 Method of Valuation

The mode of valuation is not governed by any uniform rule and must be left to
the discretion of the collector and the court having regard to the nature of the
property. Thus the features of the property, circumstances of the case, probable
potentiality etc will determine the method of valuation to be applied. Having
regard to all these and other aspects the honorary courts have declared the
applicability or non-applicability of certain methods of valuation. Out of a number
of methods the courts have adopted income capitalization method or physical
method, the latter method having further offshoots like, comparables, land and
building mode, hypothetical building scheme, developers method, flat rate
technique and valuation belts.

1.3.7 Technique of valuation

Nature of rent, outgoings, interest structure, years purchase, land value and
reversion (concept sent in oblivion in places where rent control regulations rule,
the field of relationship between tenant and landlord) are some of the important
ingredients of income capitalization technique.

1.3.8 Depreciation

It is a term derived from the Latin worked depretiatum meaning the fall in value
or becoming less in worth. In general sense it means getting consumed,
decayed, damaged, obliterated or worn out. It represents a loss caused by
factors like decay, wear and tear, actions of elements of nature, insufficiency or
inadequacy, obsolescence, changes in art and fashion, changes in demands etc.

Earlier the depreciation as a cost was not involved because of the absence of
long – lived property or asset in commercial usage. But as the commerce and
individual ownership developed, the concept of estimating the charge for
consumption of long – lived assets was evolved. In spite of treating depreciation
as loss or fall in value, its application in practice is always based on cost and not
on value.

Depreciation is used in the following two distinct meanings:

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 Depreciation as cost in operation

 Depreciation as decrease in worth

The former leads to the cost deprecation and the latter leads to the value
depreciation. For the purpose of valuation of real properties, the application is to
be made of value depreciation and not the cost depreciation.

1.3.9 Depreciation as decrease in worth

The term depreciation is used to convey decrease or decline, or lessening in

worth. The value of an asset depends on its capacity to render satisfying services
during its estimated or expected future life. The present worth of these expected
satisfying services in tangible or intangible form represents its value at a
particular time. It may be in the form of returns that may be monetary or
satisfactions or enjoyments or sentiments. Hence, the decrease or decline in
value is reduction in its present worth of expected probable future satisfying
services. The basic measure of decrease in value will be the difference between
present worth’s of the assets for two distinct times or town distinct service
conditions.

Following are the three main causes responsible for depreciation as understood
by the decrease in worth:

1. Physical conditions
2. Functional obsolescence
3. Economic obsolescence

1) Physical conditions

Following are the physical conditions for such type of decrease in worth:

a. Due to general wear and tear

b. Due to elements of nature such as heat, cold and wind; &
c. Due to structural deterioration
If proper maintenance and repairs are carried out, the items covered under (a)
and (b) can be taken care of such as leaky roofs, cracks in plaster, damages in
service lines, etc. these deteriorations are remediable by proper maintenance
and repairs and in certain cases, by incurring special expenses for repairs. These
remediable can be measured item wise and amount of expenses necessary can
be estimated. This is called the physical depreciation curable.

The structural deterioration is due to cheap construction, cheap materials, poor

workmanship and concealed items like improper foundations, load bearing walls,
columns etc. these can be remedied at prohibitive cost and will not be
satisfactory to profitable contribution and thus, it constitutes the physical
depreciation incurable.

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2) Functional obsolescence

The functional obsolescence means the mode by which the purpose was to be
fulfilled has gone out of use or out of date at a particular time. The functional
obsolescence is due to the causes within the structure or the asset itself. These
are of two types namely;

(i) Curable: The items which can be remedied by expenditure and they include
drainage and waste connections, changes in utility areas, provisions or toilets,
etc.
(ii) Incurable: the items, which can be remedied by incurring heavy out of,
proportion expenses and they include increasing the floor heights, rearranging of
upper floors, etc.

In all cases the expenses to be incurred will be out of proportion to the value
created by such expenditure and hence, such expenditure will be prohibitive
from practical considerations.

It is intrinsic in nature and is present due to following reasons:

a. Inadequacy or over adequacy: The instances of inadequacy are absence of
bath or W.C., lack of ventilation, improper flooring of rooms, insufficient
sizes of kitchen or store, etc. The over – adequacy more than necessary or
adequate. The instances of over adequacy are many electric points in
rooms, unusual size of toilet with superior specifications, unwanted
expenditure in decorating kitchen or any other room.

b. Lacking in utility: The various examples for this type are floor spaces or
rooms, which may not be adequate. The location of rooms which may not
be proper with respect to directions, the ventilation of rooms may be
inadequate, the hot and cold-water taps, and kitchen platform,
washbasins, etc may not be available. All such conditions will lead to the
functional obsolescence.

c. Obsolete necessities: The illustrations of obsolete necessitates are; water

may have to be obtained from a well or by a hand pump; old basket type
latrines are to be used instead of flush water closets; there is absence of
lift for going to upper floors of multi storeyed building; etc.

d. Outmoded design: This means that design is out of tune and place. New
type of functional utility makes previous ones outmoded. E.g. the use of
R.C.C has made the roofs of mangalore tiles or tin sheets as outmoded.
Similarly, the special purpose house is also an instance of outmoded
design in the sense that it will be useful to a particular owner only, but
loses its value, if put to sale in the market.

e. Out of the way or odd design: This includes architectural styles, which may
have a certain fad or crazy idea. The placing of architectural features may
be of freakish nature. The materials and their locations may be badly.

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3) Economic obsolescence

The physical and functional depreciations are internal because they are due to
causes within the property or asset itself. The depreciations due to the economic
obsolescence are external because they are due to external causes. The physical
and functional depreciation are curable to some extent, while the economic
obsolescence is incurable. The economic obsolescence is due to the following
causes:

a) Changes in character and use: This happens when changes in

neighbourhood take place. When social quality of neighbourhood declines
or inharmonious rational groups occupy the neighbourhood, it is called the
decay of neighbourhood; it is called the decay of neighbourhood.
Sometimes, the use of the property is changed, say from residential to
commercial etc.
b) Changes in laws: This happens when planning or zoning laws are changed
or restrictive laws are enacted regarding disposal and use of lands. For
instance, particular type of industries can be permitted in certain areas.
c) Nearness to nuisances: Some examples of nearness of nuisances which
result in the reduction of the attractiveness of the property are: nearness
to cinema, factory producing obnoxious odours, gas station, coal yard,
grave yard, etc.
d) Over supply: This happens when assets or properties for disposal are more
than the demand for such properties. This may happens due to changes in
zoning laws or tendency or people to migrate from one part to the other
part of the town due to some reason. Thus, the oversupply of properties
leads to the lowering of values of the properties.
e) Social changes: This happens when infiltration of different types of people
takes place e.g. presence of unsocial elements in a good locality, creation
of slums around a good locality, etc.

The physical obsolescence can be cured to some extent by proper maintenance

and repairs and replacement. The functional obsolescence can also be remedies
to some extent by making changes in design and equipment from time to time.
But there is no remedy for the economic obsolescence because it has root
causes in social rather than physical causes.

Acquisition of a property for public projects viz., Irrigation, Highways, Railways,

Housing, Water supply schemes, power projects, Industries, Tourism etc. are
common and being implemented as when required. Open land, land with
structures like residential, other few types of lands facing acquisitions as and
when required. In large projects, lands coming under the project may involve all
types of items and compensation has to be made ownership wise, village wise
and so on.

The Land-acquisition attracts severe criticism and resentment from the affected
persons. The basic reasons for such criticism and resentment are that the
acquiring authorities do not provide adequate compensation and also not
ensures the same or better living standard after acquisition. A concept of

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Replacement value as against the market value has been accepted under the
Resettlement & Rehabilitation Policy enacted by the Government of Maharashtra
on the behest of the World Bank for acquisition of Land and properties. This
Policy also provides various assistance over and above compensation so as to
ensure same or better living standard.

The following Nature based sub classes fall within each of the above Purpose
Groups:

Nature Class Measurement Basis

Land – (Freehold land / Crown land – Fair Value
National & State Parks / Crown land
other)
Buildings Fair Value
Plant, equipment, vehicles and Cost
Infrastructure systems
Road and Road Infrastructures, Fair Value
Earthworks
Cultural Assets Fair Value

1.4) What is Fair Value?

The Fair Value of an asset is the best estimate of the price reasonably obtainable
in the market at the reporting date in keeping with the Fair Value definition.

1.5) Determination of Fair Value

The Fair Value definition is based on the assumption that the entity is a going
concern without any intention or need to liquidate to curtail materially the scale
of its operations or to undertake a transaction on adverse terms.
It is also assumed that the asset is exchanged after an adequate period of
marketing to obtain its most advantageous price. The Fair Value of an asset is
determined by reference to its highest and best use, i.e. the use of the asset that
is physically possible, legally permissible, financially feasible, and which results
in the highest value. Opportunities that are not available to the entity are not
taken into account.
Market evidence from comparable asset sales is used to assist in determining the
assets fair value.

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2. Brief Details of Project

Brief Details

Name of the project Vithalvadi bypass

Location Vithalvadi bypass,
Kalyan,
Mumbai.
Client Government of Maharashtra
Type of the project Infrastructure Project
Nature of Project Bridge Project
End Use of the Project Infrastructure facilities to citizens

2.1 Project Information

2.1.1 Vithalvadi and Ahiraula Bypass

The Government of India receive, a loan from the International Bank for
reconstruction and development (The World Bank), which is being made
available to the Government of Maharashtra for Maharashtra State Road Project
(MPSRP-H) Part of this financial assistance, will be applied towards the civil work
of Vithalvadi Road and construction of a major bridge at Vithal vadi.

The total length Vithalvadi Road was 109.70 Km, which consist two bypasses
have been suggested at dense urban areas viz Vithalvadi & Vengani for phase II
roads.

The whole of Kalyan by pass, which is 8.50 Km., entirely falls in the Koyalasa
Block. Tehsil Vithalvadi. The total land required according to permanent right of
way 45.00 metre was 38.25 Hectare. Out of which 0.63 Hectares is PWD land
where existing right of way is used, 1.117 Hectare 36.074 Hectare was to be
acquired by private negotiations.

2.1.2 Kalyan Bridge

The length of the bridge planned at Kalyan is 951 m and the length of its
approaches in Ambedkar Nagar, Saint Kabir-Nagar and Kalyanis 0.576 km, 2.868
km & 4.472 km respectively. The location and the position of the bridge and its
guide bund are finalized as per the model studies carried out by LIT. Kanpur. The
cost of the bridge 71.99 Crores. This includes Cost for Land and R & R Issues
including complete approach length which is Rs. 430.50 Lacs.

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Total area of Land to be acquired 59.796 Hectares. Out of which 3.815 is river,
nallah, barren & Gram Sabha (Village Assembly) Land etc. Remaining 55.981
Hectares is to be purchased by mutual consent. The area of Land to be
purchased falling in Ambedkar Nagar, Saint kabir Nagar & Kalyan is 7.806
Hectares, 17.011 Hectares, 13.164 Hectares respectively.

2.1.3 Land-acquisition by the method of private negotiation

Land can be acquired at rates approved by the commissioner on the recom-

mendation of a committee headed by the local district Magistrate. The
committee' for finalization of the rates for the land to be acquired by the private
Negotiations, consist of the District Magistrate as Chairman, Authorized
representative of the Department acquiring the land as Member/Conveyor,
Additional District Magistrate (Finance & Revenue)/ District Registrar and
concerning sub Registrar as Members. The Committee giving due justification for
rates, indicating the representative sale deeds, will recommend to the
commissioner for approval. After commissioner's approval Negotiations are
carried out with affected persons and their consent is obtained. The land will be
acquired under land acquisition (Determination of compensation and Declaration
of Award by Agreement) Rules 1997. However if any department purchases2 land
directly from farmers without attracting the provisions of the Land Acquisition
(Amendment) Act 1984 it can do so under the relevant rules and procedures of
the concerned department.

2.1.4 Land-acquisition by the method of private negotiation under

Resettlement & Rehabilitation Policy

The government of Maharashtra enacted Resettlement & Rehabilitation policy for

the World Bank Aided Projects of the Public Works Department on the behest of
the World Bank, which has laid down the procedures for acquisitions and
determining compensation. Para 2.3 of the policy clearly specifies that all
acquisitions of private land would be under the Land Acquisition (Amendment)
Act 1984. Procedure for determining the Replacement Value to be paid for
acquisition is laid down in Para 7 of the policy, which is to be the highest among
the three amounts, arrived at by the following three alternatives methods:
1. Taking in to in to consideration 20 times the annual of gross production of
concerned land, average over preceding five years.
2. Taking into account such prescribed rates or the average of the actual
transaction rates of similar lands for contemporary years for which the
sale deeds are registered.
3. Fixing market value of land equal to minimum land value if so prescribed
by the State Government under Indian Registration Act of 1908.
A District Level Committee to assess the replacement value of the property and
advise the R&R cell accordingly has been constituted under this policy1. This
committee consists of the District Magistrate as its Chairman, Executive Engineer
PWD as Member/Secretary, Additional District Magistrate (Finance & Revenue),
Chief Development Officer, Lead Bank Officer, Related Village Headman
(Pradhan), Representative of the NGO contracted by PWD and Representative of
the Project affected poisons nominated by the NGO contracted by PWD as
members.

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After District Level committee's approval. Negotiations are carried out with
affected persons and their consent is obtained. Sale Deeds are got registered in
name of the Governor. Sale Deeds duly vetted by the Law Department of the
Government of Maharashtra are signed by an officer of the rank of deputy
Secretary of the Government and the concerned farmer/ owner. After
execution of Sale Deed land is transferred in the name of the Government of
Maharashtra.

3. Methodology

The work of land acquisition including R&R activities is assigned to M/s Develop -
ment Institute for Systems. Demarcation of the alignment was carried out by
Total Station by fixing of pillars on the ground based on the coordinates taken
from PWD headquarter. Social team has identified affected villages and persons
on the marked corridor. On identification of affected plots. Lekhpal was
approached to identify the owners of the affected plots along with their address
and joint holders (if any) and other relevant details. On identifications of owners
& joint holders, questionnaire designed for by passes was canvassed which
include details regarding social and economic aspects of the affected person.

3.1 Collection of Data from secondary sources

Throughout the Study, various types of secondary data were used along with the
primary data collected through surveys. Maharashtra at a Glance, published by
Jagaran Publications (Social, Cultural, Demographic and Economic of
Maharashtra), District Census Handbooks of districts through which road is
passing through, Tehsil Offices (for cost of agriculture land) and various other
published and unpublished materials (as referred at the end of this paper).

3.2 Methods Of Valuation

As per R&R Policy Replacement value of the Agricultural Land is determined on

the basis of following method:-

3.2.1 Valuation Based on Circle Rates:-

Stamps and Registration Department issues biannually the rates of land. The
rates approved hylne District Magistrate, Kalyan for the period w.e.f. 01/04/06 for
Vithalvadi, rates approved by the District Magistrate, Ambedkar Nagar for the
period w.e.f. 16/06/2006 tor Alapur Tehsil, rates approved by the District
Magistrate, Saint Kabir Nagar for the period w.e.f. 01/04/2006 for Dhanghata
Tehsil and rates approved by the District Magistrate, Kalyanw.e.f. 01/04/2006 for
Khajani Tehsil have been adopted for determining the land values.

A wide variation was observed in the pattern of the Land Classification for ap-
proved Circle rates by the four District Magistrates. The District Magistrate,
Azamgarh has classified the land according to their locations on National
Highways, State Highways, Other District Roads, Link Roads and the Land plots
at other locations. The District Magistrate, Ambedkar Nagar has classified the
land according to irrigated Agricultural Land and its locations on District Road,
Unk/Khadanja Road, Chak Road and Agricultural Land abutting Abadi/House. The
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District Magistrate, Saint Kabir Nagar has classified the land according to their
locations on Main Road, on Other Road & at Other places the District Magistrate,
Kalyanclassified the land as General agricultural plots and their locations, land
abutting Main roads. Lands are also classified on the basis of and the size of
Plot/Land Holdings and further as Residential, Commercial and Industrial.

Rates for the Lands Classified as Land plots at Other Locations/ Other Places, Irrigated Agricultural
Land and General Agricultural Plots having more than a specific area are given in Rs. per acre. While
the rates for smaller size of Plots was given in per Square Metre or per Decimal. These per acre rates
for larger size of plots are taken from the rates approved by the concerning District Magistrates and
are converted to rates in Rs. per Hectare by multiplying by 2.47 for the simplicity of the calculations.
These district wise land values are summarized here under:-

Circle Rates per Hectre (Rs, in Lacs) of different Villages for Vithalvadi Bypass,
Vegani Bypass and Kalyan Bridge
S.No Work/Project Area/Types of Names of Rates Per
Villages Villages Hectare (Ra,
in Lacs)
1 Vithalvadi Bypass Vory important Niduadeeh and 7.17
Tehsil - Vitahlvadi Villages Bhilampur

Important Villages Mubarakpur, 6.18

(A) Bada Gaon,
Saraiyc
Ratnawe, Amari
& Atahara
Important Villages Bhairopur & 5.68
(B) Manuddinpur
General Biharpur. 5.44
Dhanghata &
Pasipur
Vagani Bypass Very Important Bhogaicha, 7.17
Villages Matalupur &
Pakadi
2 Tehsil-Vitahlvadi
3 Tehsil-Phoolpur General Villages Sinhor Kol & 4.49
Hansapur
4 Kalyan Bridge General Villages Jainpur, 7.00
Kamahariya
and Sultanpur
Ambedkar Nagar Special Villages Tappa-Havelie
Chandi-pur- 8.00
District Kalan

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 VALUATION VALUATION OF LAND ACQUISITION

5 Saint Kabir Nagar Flooded Affected Gunwatiya, 3.95

District Area Kharakpur,
Suaraha and
Kanchanpur

General area Beharadandi 7.41

3.2.2 Valuation based on the twenty times of the Gross Annual

Agricultural Produce

Crop production & agricultural produce per Hectare and rates are being taken
from Agriculture Statistics of. "Maharashtra krishi Aakde", Published by Director
of Agriculture statistics of Maharashtra, Krishi Bhawan, Maharashtra and
Statistical Dairy published by planning department, Govt. of Maharashtra.and
rates have been collected from "Agriculture Statistics and Crop Insurance
MAHARASHTRA. Krishi Bhawan, Maharashtra.

The per Hectare Productivity of Paddy in Kalyan district during last 5 years i.e.
during 2000-2001, 2001-2002, 2002-2003, 2003-2004 & 2004-2005 was 18.53
quintals, 20.68 quintals, 16,84 quintals, 20.36 quintals & 23.36 quintals and that
of the Wheat was 22.36 quintals, 23.86 quintals, 20,05 quintals, 24.89 quintals &
21.15 quintals respectively. The per Hectare Productivity of Paddy in Ambedkar
district during last 5 years i.e. during 2000-2001, 2001-2002, 2002-2003, 2003-
2004 & 2004-2005 was 24.74 quintals, 24.18 quintals, 21,53 quintals, 27.43
quintals & 19,96 quintals and that of the Wheat was 23.76 quintals, 24.02
quintals, 27.59 quintals, 30.21 quintals & 27.15 quintals respectively. Rates per
quintal published by the director of Agriculture Statistics and crop insurance U.P.,
Krishi Bhavan, Lucknow for paddy was Rs. 510.00, Rs. 530.00, Rs. 570.00 and
that for wheat was Rs. 580.00, Rs. 610.00 & Rs. 640.00 rispectively.

Based on the above the average annual productivity value for paddy & wheat is
Rs. 10877.90 & Rs. 13834.22 respectively for Azamgarh district. On the basis of
20 times gross average annual agricultural produces, the rate works out to be
Rs. 4.94 lacs per hectare for Azamgarh district. The average annual productivity
of ambedkar district value for paddy and wheat is Rs. 12802.46 and Rs.
16389.42 respectively. On the basis of 20 times gross average annual
agricultural produce, the rate works out to be Rs. 5.84 lacs per hectare
Ambedkar district.

Similarly rates worked out for Saint Kabir Nagar and Kalyan districts. On the basis
of 20 times gross average annual agricultural produce, the rate works out to be
Rs. 6.49 lacs per hectare in saint kabir Nagar district for General Land. In flood
affected areas only one crop can be shown and hence the rate worked out was
Rs. 3.25 lacs per hectare. It was Rs. 4.93 lacs per hectare for Kalyandistrict. The
land rate evaluation for Kalyandistrict as an example is cited here under in Table.

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 VALUATION VALUATION OF LAND ACQUISITION

3.2.3 Sale Statistics Method / Valuation based on registered Sale Deed

Land being an immovable property, all its sales and purchases has, to be
registered. The registered sale prices can be taken as adequate indicator of
market value of a given piece of land. Sale prices of those lands, which are
comparable in time, location & quality, are only to be considered.

Duly ceased Records of all the sales deeds registered during last 5 years i.e.
2000-A ' 2001-2002. 2002-2003, 2003-2004 & 2004-2005 in respective Sub
Registrars offices namely Vithalvadi & Phoolpur in Azamgarh district, Alapur in
Ambedkar Nagar districts and Dhanghta in saint Kabir Nagar district and khajani
in Kalyandistrict for all villages involved in Land Acquisition were collected &
analysed. Average rate was worked out by dividing the total Cost of total land
sold by the total Area of Land sold village, Tehsil and district wise. District wise
rates are summarized below in Table

Name 2000-2001 2001-2002 2002-2003 2003- 2004-2005 Average 20 times of

of 2004 amount of average
crops gross amount of
Agricultur gross
Rate per Quintal (Rs.)

Rate per Quintal (Rs.)

Rate per Quintal (Rs.)

Rate per Quintal (Rs.)

Rate per Quintal (Rs.)

al Produce agricultural
Yield Quintals/Ha

Yield Quintals/Ha

Yield Quintals/Ha
Yield Quintals/Ha

Yield Quintals/Ha
(Rs.) produce
(Rs.)

X1 Y1 X2 Y2 X3 Y3 X4 Y4 X5 Y5 ∑(Xn+Yn)/
5
Paddy 18.53 510 16.71 53 15.05 550 20.15 56 22.97 570 10192.20 203844.00
0 0
Wheat 22.36 580 26.45 61 20.98 620 23.65 63 23.89 640 14460.00 289200.00
0 0
Total 24664.20 493057.00

S.NO Work/Project Area of land Cost in Rs. Of Average Average

sold in last 5 total land sold Rate/Ha. In Rs. rates per
years (in Ha.) Hectare (Rs.
In lacs)
1 Vithalvadi Bypass 9.617 8343000 867526.30 8.67
Tehsil – Vitahlvadi
2 Ahiraula Bypass 8.39
3 Kalyan Bridge 8.645 4287000 495893.58 4.96
3.1 Ambedkar nagar district
3.2 Saint Kabir nagar District 3.659 356000 97294.34 0.97
A Flooded area
B General area 6.764 2491000 368273.20 3.68
3.3 KalyanDistrict 16.1584 7178300 444245.717 4.44

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 VALUATION [VALUATION OF LAND ACQUISITION]

Sr .No Type of Name of Villages Rates of all Rates per Hectare (Rs. In Lacs) Agricultural Land abutting
the irrigated Abadi/House
villages Agricultural Land Agricultural Land Abutting Roads Chak
District Road Link/Khadanja Road Road
Up to 0.126 Greater than Up to 0.126 Greater than Up to 0.126 Greater than
Hectare 0.126 Hectare 0.126 Hectare 0.126
Hectare Hectare Hectare

1 General Jainpur, kamahariya 7.00 21.00 14.00 14.00 10.50 8.40 21.00 14.00
Village and Sultanpur-
Trappa-Haveile
2 Special Chandi-pur-Kalan 8.00 24.00 16.00 16.00 12.00 9.60 24.00 16.00
Village

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 VALUATION [VALUATION OF LAND ACQUISITION]

S.No. Type of the Name of Village Rates of Agricultural Land

village/Area
On Main Road On Other Road At other Place
1 Flood Affected Gunwatiya,
area Kharakpur,
7.41 6.18 3.95
suaraha and
Kanchanpur
2 General area Beharadandi 11.2 8.65 7.41

Sr.No Name of Villages Rates of Agricultural Land

Up to 20 20 decimal to 35 decimal to Greater than
decimal 35 decimal 50 decimal 50 decimal
1 Lakhus-pakad, shankarpur,
Dhodiapar and Rampur- 24.71 19.77 17.30 12.36
Gosain
2 Arnabad, Baghad, Ekauna-
19.77 17.30 14.83 9.88
Khurd and balachak
3 Nargada-Jariga-singh and
11.12 8.65 7.41 4.94
manjh-Deep

Sr. Names of Sub Name of Village on By- Location of Land Plot

No. By-Passes District / Passes
On national Other than
Tehsil
and State these
Highways Locations
1 Vithalvadi Vithalvadi Niduadeeh and Bhilampur 9.39 8.68
Mubarakpur, 8.68 8.68
Bada Gaon, Saraiya
Ratnawe, Amari, Atahara,
Bhairopur, Manuddinpur,
Biharpur, Dhanghata &
Passopur
2 Vagani Vithalvadi Bhogaicha, Matalpur and 9.39 8.39
Phoolpur Pakadi 9.88 8.39
Hansapur & Sinhor Kol

4. Determination of Replacement Value

The Replacement Value of land structure or development may be defined as the

amount which could purchase or create the new land structure, property or
development The replacement value is higher than the market value in case of
structure, property or development as it provides for new structure, property or
development. The market value caters for the residual life only of the structure,
property or development. The value of residual life does not guarantee same
living standard, while the Replacement Value does. Therefore there is wide
acceptability from the general public and almost no resentment or resistance

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