SUDERSHAN KUMAR AND OTHERS Vs. COLLECTOR LAND ACQUISITION NHPC PARWATI HYDRO ELECTRIC PROJECT LARJI AND OTHERS

JUDGEMENT

(1.) The challenge in this appeal is of limited nature. Claim with regard to enhancement of super-structure stands rejected in terms of impugned award dated 30.04.2011 passed by learned District Judge, Kullu, H.P. in Reference Petition No.102 of 2009, titled as 'Sudershan Kumar and another versus Collector Land Acquisition NHPC and others.

(2.) The Collector Land Acquisition, in terms of Award No.43 of 2008, dated 17.12008, awarded a sum of Rs.11, 55, 696/- plus Rs.11, 55, 696/- towards the superstructure/building acquired by the State. It stands clarified that the claimants in the present appeal are satisfied with the redetermination of the market value of the acquired land in terms of the impugned award.

(3.) In order to establish their claim with regard to the super-structure, claimants placed on record valuation report Ext. PW-5/G which stands proved on record by an Expert, Er.Mohan Kapoor. The house in question was relatively new as it was constructed only in the year 2006. The Reference Court has rejected the report only for the reason that the beneficiary had got the property assessed from the officials of the Public Works Department and no challenge with respect to the report so submitted by the said authorities could be laid by the claimants.