LAND ACQUISITION COLLECTOR-II Vs. VIMAL GANDHI

JUDGEMENT

(1.) THE challenge in this appeal has been made by the Appellants to the judgment/ award passed by the learned District Judge in Land Reference No. 25 -S/4 of 1992/90 on 29.4.1996, precisely on the ground that the learned Reference Court awarded the amount of compensation for 12 biswas of land of the Appellants as against 6 biswas of land, which was notified under Section 4 of the Land Acquisition Act, in short 'the Act '.

(2.) HEARD and gone through the records of the case.

(3.) AFTER receipt of the reference, learned District Judge (Forest) proceeded to determine the same and on the conclusion of the evidence and taking note of the evidence produced before it, enhanced the compensation @ Rs. 8,000/ - per biswa for the land measuring 12 biswas together with statutory interest as against 6 biswas, which was initially notified under Section 4 of the Act while relying upon the statements of PW2 Shri B.R. Lakhanpal and Mangat Ram Kanungo, who had inspected the spot and reported that 12 biswas of land was actually utilised by the acquiring department, for laying down the pipe lines as per the calculation given in Ext.P6 whereas, 6 biswas i.e. 3 biswas each, denoted by Khasra Nos. 240/1 and 243/1 was acquired.