JASWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Land comprised in Village Bhucho Khurd, Tehsil and District Bathinda had been acquired by Bathinda Cantonment vide notification dated 10.5.1979 issued under Section 4 of the Land Acquisition Act and subsequently, notification was issued under Section 6 of the aforestated Act. The structures constructed thereon including tubewells had also been acquired by virtue of the said notification and possession was taken thereof.

(2.) The claimant filed reference under Section 18 of the Land Acquisition Act for claiming compensation in respect of the tubewell and that no other claim was filed in respect of the compensation granted with regard to the land. The Land Acquisition Collector assessed the value of the tubewell as Rs. 32,193/-. It is this value which had been challenged by way of reference. The claimant has infact claimed compensation to the extent of Rs. 80,000/-. Upon the pleadings of the parties, the issues had been struck and the evidence oral as well as documentary was also produced.

(3.) The claimants have produced as expert, i.e., Shri H.S. Virdi, an Engineer who had assessed the value of the property in details and that the report submitted by him has been exhibited as Ex.A1 to A3. As per this report, the value has been assessed as Rs. 55944/- and that out of the said assessed value, an amount of Rs. 32193/- stood received by the claimant.