COLLECTOR Vs. RAM DEVI

JUDGEMENT

(1.) This appeal by the Collector, Bilaspur, is directed against an order of the Additional District Judge, Bilaspur, whereby on a reference made under Section 18 of the Land Acquisition Act, hereinafter to be referred as 'the Act', a sum of Rs. 540/- was awarded as compensation for loss of earnings to the respondent.

(2.) No compensation for loss of earnings was awarded to the respondent by the Collector. The reference made at the instance of the respondent was opposed by the Collector on the grounds that the respondent did not carry on any business in house No. 48 at the relevant time and that in any case the amount of compensation calimed was excessive. No 'evidence was, however, led on behalf of the Collector in support of his case. The respondent besides hereself examined four witnesses, namely Kishan Singh, Paras Ram, Sant Ram and Ram Kishan and on that evidence the Court held that the respondent did carry on the profession of a tailor in her house No. 48 which admittedly has been acquired by the Government in connection with the construction of the Bhakra Dam reservoir and that her daily income was Rs. 1/8/-. The Court further held that the respondent should be awarded one year's income as compensation.

(3.) The aforesaid findings have been challenged on behalf of the appellant and it has further been contended that the Union of India was a necessary party to the reference and that the award made by the Court was vitiated.