STATE OF PUNJAB Vs. KARANBIR SINGH

JUDGEMENT

(1.) THE facts in this appeal filed under Clause 10 of the Letters Patent by the State are that Karanbir Singh respondent owned some land which was included in an area acquired by the Government for the establishment of an Industrial Training institute at Patiala The acquisition proceedings concluded with an award given by the Collector on the 31sl of March 1956.

(2.) AT the instance of Karanbir Singh a reference was made to the Court of the district Judge under Section 18 of the Act. The then learned District Judge held by his order dated the 29th of April 1957 that the reference was Incompetent, because the compensation had been accepted without protest, but Karanbir Singh obtained an order in revision from this Court in May 1958 for the reference to be decided after the respondent had been given an opportunity to produce evidence in rebuttal regarding the grounds on which the reference had been held to be incompetent

(3.) THE learned District Judge who decided the reference by his order dated the 1st of November 1958 again held that the reference was incompetent, but at the same time gave a finding to the effect that the proper value of the land was Rs. 1,000. 00/- per bigha as against Rs. 700. 00/- awarded by the Collector.