STATE OF HIMACHAL PRADESH Vs. AMBA DUTT DHANTA

JUDGEMENT

(1.) The only question which requires determination in this Regular First Appeal preferred against the judgment, dated July 31, 1974 of the learned District Judge, Shimla pertains to the correct valuation of the apple trees in the land belonging to Shri Amba Dutt, respondent. The land was acquired by the State of Himachal Pradesh for the purpose of constructing Gumma -Gashla road.

(2.) The land acquired comprises in khasra Nos. 306/305/1. in the court of the learned District Judge, Shimla, it was urged on behalf of the State of Himachal Pradesh that the area of acquired land was 15 Biswas and not one bigha. This plea was negatived by the learned District Judge and has not been re -agitated in the present appeal inasmuch as in para 4 of the memorandum of appeal, the area of the acquired land has been indicated as one bigha. Also, no arguments have been addressed to challenge this finding of the learned Court below.

(3.) The Land Acquisition Collector, in his award given on December 12, 1972, assessed the market value of the acquired land measuring one bigha as Rs. 2,844. This amount was maintained by the learned District Judge and, once again, has not been contested before this Court.