UNION OF INDIA Vs. JAGGA SINGH

JUDGEMENT

(1.) THE Union of India has filed the instant Regular First Appeal against the award dated 15.4.1985 passed by the Additional District Judge, Bathinda, vide which the compensation payable to the respondent was enhanced at Rs. 3427.97. The respondent was also held entitled to solatium at the rate of 30% and interest at the rate of 9% as also 12% per annum on the total amount of compensation assessed from the date of publication of the notification under Section 4 of the Act to the date of the award of the Collector or the date of taking possession of the property, whichever is earlier.

(2.) VIDE notification dated 1.5.1979, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), Union of India- appellant acquired a huge chunk of land along with the houses 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 respondent. The Land Acquisition Collector vide this award dated 27.5.1982 assessed the market value of the acquired property at the rate of Rs. 50,770/- on the basis of the report of Bishan Singh (Ex.R-1).

(3.) FEELING dissatisfied with the aforesaid award, the Union of India- appellant has filed this Regular First Appeal in this Court. It is contended by the learned counsel for the appellant that the learned Additional District Judge should not have relied upon the report of Shri H.S. Virdi, retired Sub Divisional engineer of P.W.D. B&R Department. He further contended that the learned Additional District Judge has not taken into consideration the report of Bishan Singh (Ex. R-1) while awarding compensation to the respondent and thus erroneously enhanced the compensation payable to the respondent at Rs. 3427.97.