COLLECTOR Vs. GH MOHD GILLA

JUDGEMENT

(1.) THIS Civil first appeal is against the judgment and decree of the Addl. District Judge, Srinagar, dated 14 -5 -1977, in Land Acquisition proceedings.

(2.) A three storeyed house alongwith land underneath and appurtenant thereto situated at Habba kadal, Madan Yar, Srinagar was acquired by the Government for public purposes. The collector assessed an amount of Rs. 22,680.30 as compensation for the acquired property and made the award. The respondents did not feel satisfied with the award. They sought reference under Section 18 of the Land Acquisition Act which was heard by the Addl. District Judge, Srinagar. The learned Judge after recording the evidence which the parties adduced before him found that the collector had not awarded adequate compensation to the respondents. According to him the total amount of Rs. 30,000/ - including the cost of the land represented fair compensation for the property acquired. He, therefore accepted the reference and made decree in respect of the above mentioned amount, Against this judgment and of the Addl. District Judge, the Collector has come in appeal before this court.

(3.) SHRI B. N. Dhar, appearing, for the appellant has submitted that the Addl. District Judge had committed a legal error in enhancing the compensation to the tune of Rs. 30,000/ -. He has over -looked the evidence. He had not taken into consideration the expert evidence and the market value. According to the learned counsel the real market value of the property should have been assessed in the light of the material brought on the record. The appellant had produced all the relevant documents which could show the market value of the property assessed by the P. W. Department based on certain Rules, Regulations and Schedules. The findings recorded by the court below were based on mere conjectures. The respondents had not furnished any positive and satisfactory evidence which would have justified the court to enhance the amount of compensation. For these reasons, it is submitted that the judgment and decree of the court below being defective and not according to law be set aside and the award made by the Collector restored.