LT.COL. JAGIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal filed under Section 54 of the Land Acquisition Act, 1894 (for brevity 'the Act') challenges judgment dated 13.2.1986 passed by the Addl. District Judge, Bhatinda while disposing of the application filed by the appellant under Section 18 of the Act. Along with the land, tube-well of the claimant-appellant was also acquired and the dispute which remains to be decided in the instant appeal is with regard to the market value of the tube-well. The Collector has awarded a sum of Rs. 23,723/- vide his award.

(2.) CLAIMANT -appellant filed an application under Section 18 of the Act and claimed enhancement to the tune of Rs. 80,000/- plus statutory solatium and interest. While deciding the application, the learned Addl. District Judge Framed, the following issues :

(3.) ON the question of market value of the tube-well and the super-structures at the time of issuance of notification under Section 4 of the Act i.e. 10.5.1979, the ld. Addl. District Judge discarded the report submitted by the claimant-appellant Shri H.S. Virdee AW 1. The basic reasons for discarding the report of Shri Virdee which weighed with the learned Addl. District Judge are :