YOGINDER PAL KAPOOR Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THE property of Smt.Mastu Devi, the predecessor in interest of appellants, was illegally occupied by the Forest Department of the State on 1.1.1970. A Civil Suit was filed by Smt.Mastu against the Forest Department which was decreed in her favour on 1.10.1988 and decree for possession of the property was passed. Thereafter the State issued notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') on 15.5.1990 seeking to acquire 36.72 square metres of land. Mastu Devi objected to the acquisition and had filed a writ petition in this Court but the same was rejected. Finally the Land Acquisition Collector awarded Rs.15,000/- in lump 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes. sum for the acquired land. No interest was awarded. Mastu Devi filed a reference petition under Section 18 of the Act and claimed that the value of the land was Rs.2500/- per square metre. She also claimed that there was a shop on the land existing at the time the property was taken over by the State. The learned District Judge vide the impugned order has held that Smt.Mastu Devi had not made out a case for enhancement of the compensation. He, however, held that the claimant in addition to the amount of Rs.15,000/- was entitled to the following amounts as additional compensation with interest:-

(2.) AGGRIEVED against this award the appellants have filed the present appeal. It is contended on behalf of the appellants that the learned Court below has not taken into consideration the evidence led by the claimant which proved that the value of the acquired land on 15.5.1990 the date of notification under Section of the Act was more than Rs.2500/- per square metre.

(3.) A perusal of the evidence led before the learned Court below will show that Mastu Devi in her statement had stated that there was a shop on the disputed land in which a Barber used to work and thereafter the shop was vacated by him and remained vacant. A suggestion has been put to her in cross examination that the shop had fallen down and was in ruins. She denied this suggestion but stated that the shop was in a bad state.