GENERAL MANAGER, NHPC Vs. KIRAN REKHA SOOD

JUDGEMENT

(1.) Appellants have assailed award dated 6.8.2010 passed in reference petition No. 93 of 2008 by learned Additional District Judge, Fast Track Court, Kullu whereby awarded amount of compensation vide award No. 21-A dated 28.2.2007 passed by Land Acquisition Collector, NHPC, PHEP, Kullu, for acquiring the house of respondent, has been enhanced.

(2.) Appellants have questioned impugned award on the ground that enhancement of compensation by learned Additional District Judge is based upon PW2 Kuldeep Singh Assistant Engineer, DRDA, who was not reliable witness for the reason that valuation of house by same witness on two occasions has variance of Rs.25000.00 as at first instance, he calculated the value of house as Rs.9,90,430/- and on subsequent evaluation, he calculated the value of house as Rs.10,15,190.00. Further also on the ground that valuation carried out by Executive Engineer, PWD has been wrongly discarded by learned Additional District Judge, whereas Land Acquisition Collector had rightly relied upon the valuation of Executive Engineer PWD, who, as also admitted by PW2 Kuldeep Singh in his cross examination, was authorised evaluator of NHPC, whereas PW2 Kuldeep Singh was not an employee of the Government but was serving as Assistant Engineer with an autonomous authority i.e. DRDA.

(3.) Learned counsel for respondent has supported the impugned award on the ground that learned Additional District Judge has committed no mistake in discarding the evaluation of Executive Engineer, PWD for the reason that said evaluation has not been proved on record in accordance with law and there was only one duly proved evaluation of house of respondent on record which has been rightly relied upon by learned Additional District Judge for enhancing the amount of compensation in favour of respondent.