KAL DASSI Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 54 of the Land Acquisition Act (here -in -after referred to as ˜the Act) as against the award, dated 9.5.2001, passed by the learned District Judge, Kinnuar, vide which he had answered the reference petition filed by the appellant in negative and had dismissed the petition for enhancement filed under Section 18 of the Act.

(2.) BRIEF facts of the case are that the land of the petitioner was acquired vide notification dated 5.3.1988, which was situated at Jhakri, for construction of residential accommodation for the staff of Nathpa Jhakri Power Project. The notification was issued and the proceedings were initiated by the Land Acquisition Collector, who passed an award dated 4.7.1991. A sum of Rs.91,671/ - was granted by the Land Acquisition Collector for the double storeyed roofed house situated in the land in question. Aggrieved by the said award of the Collector, the appellant filed a reference petition under Section 18 of the Act claiming compensation to the extent of Rs.1,62,336/ -. The petition filed by the appellant was dismissed and the order passed by the Collector awarding compensation to the appellant was upheld by the learned District Judge.

(3.) THE learned District Judge had discussed in detail the report submitted by PW -3 Lalit Kumar and the additions made and had finally concluded that the report submitted on behalf of the NJPC by RW -1 K.K. Gupta, who assessed the value at Rs.91,671/ -, has to be accepted as correct and the petitioner was held entitled to the assessment on perusal of the said report and the statement of RW -1 K.K. Gupta. I do not find any infirmity in the judgment passed by the learned District Judge and as such, the petitioner was rightly held not entitled to any enhancement on the basis of the report Ext.PX proved by PW3 Lalit Kumar.