LAWS(HPH)-1982-5-5

SAUNU Vs. COLLECTORLAND ACQUISITIONB S L MANDIH P

Decided On May 03, 1982
SAUNU Appellant
V/S
COLLECTOR, LAND ACQUISITION, B.S.L.,MANDI, (H.P. Respondents

JUDGEMENT

(1.) This appeal is directed against the award given on a reference under Section 18 of the Land Acquisition Act by the Additional District Judge, Matidi.

(2.) By a notification dated 4th Dec., 1965, issued under Section 4 of the Land Acquisition Act, the Government acquired land measuring 20-15-4 bighas situated in village Kalauhad, Tehsil Sundernagar. This land belonged to the appellant. The appellant was not satisfied with the amount of compensation awarded by the Land Acquisition Collector. He asked for reference which was made. After recording the evidence produced by the parties, the learned Additional District Judge came to the conclusion that the compensation awarded by the Collector cannot be termed unreasonable.

(3.) Mr. Kedar Ishwar, learned counsel for the appellant, contends that the Court was not justified in rejecting the revenue mutations produced by the appellant as evidence for determining the market value of the acquired land. He also makes a grievance of the fact that the Court should not have relied upon the mutations produced on behalf of the Collector. Mr. Inder Singh, learned Advocate-General, submits that the appellant was in the position of a plaintiff and the onus was on him to show the market value of the land. It is submitted that the appellant remained satisfied with producing copies of the mutations without proving the actual sales covered by them.