STATE Vs. BADRI NATH KAPOOR

JUDGEMENT

(1.) This regular First Appeal has been preferred against judgement dt/- Aug. 24, 1974 of the learned District Judge, Solan and Sirmur Districts at Solan whereby he partly accepted the reference made under S.18 of the Land Acquisition Act (hereinafter referred to as the Act) enhancing the amount of compensation from Rs. 5429.15 up to Rs. 13435/-. thus allowing an enhanced amount of compensation to the tune of Rs. 8005.85P to the claimant. Aggrieved from the aforesaid judgement, the State of Himachal Pradesh has preferred the present appeal.

(2.) The facts of this case are that a notification under S.4 of the Act was issued on Oct. 13, 1970 with respect to land measuring 9 biswas and a building constructed thereon. This property was required for the widening of Kalka-Shimla Road. The land is situate in village Datyar near Delhi, Tehsil Solan.

(3.) The Land Acquisition Collector allowed a sum of Rs. 225/- towards the cost of the land measuring 9 biswas, a sum of Rs. 3316/- as the costs of the house, Rs. 1180/- as the cost of 5 fruit trees and a sum of Rs. 708.15P as solatium under S.23(2) of the Act. These amounts total up to Rs. 5429.15 P. The learned District Judge enhanced the price of the land from Rs. 225/- to Rs. 4500/- the cost of the house from Rs. 3316/- to Rs. 6000/-. The price awarded against the fruit trees was not contested before him.