COLLECTOR Vs. BAKHSHI RAM

JUDGEMENT

(1.) This is an appeal by the Collector Bilaspur and is directed against an order of the learned Additional District Judge Bilaspur whereby on a, reference under Section 18 of the Land Acquisition Act, hereinafter to be referred as the Act, a sum of Rs. 1150/- inclusive of the compulsory acquisition charges was awarded to the respondent as compensation in respect of house No. 332 situate in village Bhakra Pargana Kot Kehloor. The aforesaid house was within the range of 1700 R. L. and was intended to be acquired in connection with the construction of the Bhakra Dam.

(2.) The Evaluation Division of the Bhakra Dam Administration assessed the value of the aforesaid house at Rs. 1000/-. No compensation was, however, awarded to the respondent in respect of it as by the time that the learned Collector made his award dated 9-11-1957 it had fallen down.

(3.) Land at a short distance from the disputed house was dug upto a depth of 20 feet by men employed by the Bhakra Dam Administration for the construction of Coffer Dam and the learned Additional District Judge reached the conclusion that the house fell down as a result of that digging. He was further of the opinion that the house existed at the time that the notification under Section 4 of the Act was issued. He, therefore, awarded to the respondent a sum of Rs. 1000/- as the value of the aforesaid house assessed by the Evaluation Department of the Bhakra Dam Administration plus 15 per cent thereof as the compulsory acquisition charges.