UNION OF INDIA Vs. KRISHAN SINGH

JUDGEMENT

(1.) THIS order shall dispose of three Regular First Appeals being RFA No. 1613 of 1989, RFA No. 1622 of 1989 and RFA No. 1624 of 1989 as all the three appeals have arisen out of the same acquisition.

(2.) VIDE notification dated December 2, 1977, the Government of India, Ministry of defence acquired an area of 2817 kanals for a public purpose at public expenses. At the time of acquisition, there were some orchards i.e. fruit bearing trees of different land owners. Accordingly, the aforesaid fruit bearing trees also formed a part of acquisition. An independent supplementary award dated September 15, 1986 was pronounced by the Special Land Acquisition Collector, Amritsar with regard to the fruit bearing trees. The claimant felt dis-satisfied with the award of the learned Land Acquisition Collector and as such claimed reference under Section 18 of the Land Acquisition Act (for short, 'the Act'). The matter was duly referred.

(3.) ON the other hand the Union of India examined B.L. Chhabra RW1. The aforesaid witness appeared as an expert witness and deposed about the valuation of the trees. For such evaluation, he relied upon a formula prepared by Harbans Singh, formerly Director of Horticulture Himachal Pradesh which had been duly adopted by the State Government of Punjab.