TAKHAT SINGH Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act, 1894 has been filed against award dated 10.10.1996 passed by the Civil Judge (Sr. Dn.) & Chief Judl. Magistrate, Bikaner in reference No. 22/88, with a prayer that appeal may be accepted and award passed by the learned Civil Judge (Sr. Dn.), Bikaner may be suitably enhanced and appellant may be held entitled to award as per his application dated 18.5.1987.

(2.) Brief facts of the case are that land and building of the appellant was acquired by the respondents for Defence purpose. Land of the appellant situated at village Raimalwali Tehsil Loonkaransar, measuring 5,764 Sq Yd for which patta was issued by the Gram Panchayat, Gram Panchayat Kanolai bearing patta No. 64 dated 4.3.1981 and patta No. 10/3 dated 11.6.1981. According to the appellant, he was in possession of the said land and upon the said land which is acquired for the Defence purpose, especially for Mahajan Field Firing Range, award was passed by the respondents whereby appellant was offered compensation of the land @ Rs. 3/- per Sq Yd, whereas, in the said area cost of the land was in between Rs. 8/- to Rs. 15/- per Sq Yd. For the same, certain registered sale-deeds were placed on record by the appellant. Upon the appellant's land, there was a big house, known as garh, and, cost of the house was to be assessed properly, but, only Rs. 34,000/- were assessed against the cost of the said house.

(3.) Learned Counsel for the appellant vehemently argued that against the award when reference was made by him for enhancement of the compensation, the learned Civil Judge (Sr. Dn.) Bikaner while giving the finding that in the area where the land of the appellant is situated the cost of land is between Rs. 8/- per Sq Yd to Rs. 10/- per Sq Yd and, compensation for the house (garh) which is assessed Rs. 34,000/- is also not proper in view of the fact that a report obtained by the appellant which is Ex. 4A of the record speaks that valuer has assessed the cost of the house (garh) as Rs. 2,15,300/-. As per learned Counsel for the appellant when finding is given by the learned Court below that lesser amount has been paid for compensation to the appellant for acquisition of his land by the respondents, then, obviously the higher rate which is Rs. 10/- Sq Yd was to be assessed for the purpose of calculating compensation for the land measuring 5764 Sq Yd, so also, appropriate cost of the house (garh) was to be assessed on the basis of valuation Ex. -4A, in which, the valuer has assessed cost of the house as Rs. 2,15,300/-. Therefore, it is prayed that compensation of land and house (garh) may be enhanced suitably.