UNION OF INDIA Vs. KISHAN SINGH

JUDGEMENT

(1.) THE appellants have filed this Regular First Appeal against the award dated 7.10.1989 passed by Additional District Judge, Gurdaspur.

(2.) VIDE notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to be 'the Act'), which was published in the Punjab Government Gazette dated 16.9.1977, a big chunk of land situated in village Baghar, Tehsil Pathankot, was acquired for a public purpose, namely for defence purpose. With regard to the acquired land, an award was passed by the Land Acquisition Collector. However, in the said award no compensation was determined for the fruit bearing trees standing on the acquired land. When the issue regarding non-determination of compensation for fruit bearing trees was raised in the Punjab Vidhan Sabha, then a supplementary award with regard to the fruit bearing trees was made by the Special Land Acquisition Collector vide letter dated 13.9.1988. In the said supplementary award, the Special Land Acquisition Collector determined the market value of the fruit bearing trees on the basis of the report of the Horticulture Expert published in the year 1966. The said valuation of the trees was made on the basis of the rate prevailing in the year 1966, however, the acquisition in question took place in the year 1977.

(3.) AGAINST the aforesaid award, the Union of India and another have filed the instant appeal.