JARNAIL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the instant Regular First Appeal is to the award dated 7.3.1986, wherein the Additional District Judge, Bathinda has awarded less amount to the appellants-claimants while passing the impugned award and not enhancing the compensation as claimed by them.

(2.) VIDE notification dated 10.5.1979, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), Union of India- respondent herein, acquired a huge chunk of land along with the houses and tube-well etc. for setting up a Cantonment at Bathinda. In this case, the dispute is about the assessment of the market value of the constructed property of the appellants i.e. house and tube-well. The Land Acquisition Collector vide his supplementary award dated 16.12.1982 assessed the market value of the acquired property at the rate of Rs. 38,733/- on the basis of the report of K.S. Gondhara (Ex.RW1).

(3.) FEELING dissatisfied with the aforesaid award, the appellants-claimants have filed this Regular First Appeal in this Court. It is contended by the learned counsel for the appellants that the learned Additional District Judge should have relied on the report of Shri H.S. Virdi (Ex.A2) while awarding compensation to the appellants and thus erroneously awarded 10% enhancement of the difference of the two valuation reports Ex.A-2 submitted by Shri H.S. Virdi, retired Sub-Divisional Engineer of P.W.D. B&R Department and Ex.RW-1 submitted by Shri K.S. Gondhara, Sub Divisional Engineer, Central Works Sub Division, Bhatinda.