S.U.Khan, J. - (1.) Both the above writ petitions arise out of proceedings for enhancement of rent. In the first writ petition property in dispute bears the No. N.P. 1/1655/3 Sunehri Niwas compound Railway colony, Saharanpur. The said accommodation has been taken on rent by State of U.P.-petitioner No. 1 for petitioner No.-2 i.e. 83 U.P. N.C.C. Battalion. Respondent No. 1 is landlord thereof. Initially the rent of the said property was Rs. 1,400/- per month. Respondent No. 1 landlord of the said property filed application before R.C. and E.O./D.S.O., Saharanpur under Section 21 (8) of U.P. Act No. 13 of 1972 which was registered as case No. 1 of 1997 Amrish Chandra Agarwal v. Officer Commanding 83 N.C.C. Battalion and others. R.C. and E.O. by order dated 31.10.2000 enhanced the rent to Rs. 2,100/- per month. Against the said judgment and order landlord A.C. Agarwal filed R.C. Appeal No. 16 of 2000. District Judge, Saharanpur through judgment and order dated 13.5.2004 allowed the appeal and enhanced the rent to Rs. 12,000/- per month hence the first writ petition by the State.
(2.) In the second with petition number of the disputed property is N.P. 1 No. 1/1655/5 Sunehari Niwas Compound Railway Colony, Saharanpur. This building was taken on rent by petitioner No. 1 State of U.P. for petitioner No. 2 i.e. 26 U.P. Girls N.C.C., Battalion Railway Colony, Saharanpur. Respondent No. 1 is landlord thereof. The rent of the said property was Rs. 1,100/- per month. Smt. Sudha Agarwal landlord respondent No. 1 filed case No. 2 of 1997 before R.C. and E.O./D.S.O. Saharanpur under Section 21 (8) of the Act for enhancement of rent. R.C. and E.O. by order dated 31.10.2000 enhanced the rent from Rs. 1,100/- per month to Rs. 1,700 per month. Landlady Smt. Sudha Agarwal filed R.C. Appeal No. 18 of 2000 against the said order. District Judge, Saharanpur through judgment and order dated 13.5.2004 enhanced the rent to Rs. 8,000/- per month hence the second writ petition. Appellate Court/District Judge, Saharanpur decided both the appeals i.e. R.C. Appeal No. 15 and 16 of 2000 by common judgment.
(3.) On behalf of the landlords in both the cases report of Architect was submitted regarding valuation of the property. In both the reports land had been valued at Rs. 1,000 per sq. yard on the basis of circle rate determined by the Collector under Stamp Act/Rules. For determining the market value of the land circle rate is not a safe criteria. Circle rates are only tentative in nature. While determining market value in land acquisition cases circle rate cannot be taken as final criteria. In cases under Section 21 (8) of the Act also some principle for determining market value has to be kept in mind which is applied to land acquisition cases. The best evidence to determine the market value is sale deed of similar land in the recent past.;