COLLECTOR OF BELGAUM Vs. BHIMRAO VPATEL

JUDGEMENT

(1.) This appeal arises out of proceedings under the Land Acquisition Act. The District Judge treated the case as though a reference had been made to him in regard to Survey-No. 1360 as well as Survey No. 1361. That was an error, and this is admitted by all. The reference was only made in respect of Survey No. 1361; and so far as the determination of the Judge relates to No. 1360, it clearly must be varied.

(2.) Now we proceed to deal with his decision in regard to Survey No. 1361. The learned Judge has found that the market-value of the land is Rs. 7,372-8-0, that the value of the house, well and enclosure on the land is Rs. 2,100; the sum of Rs. 2,100, held by him to be the value of the house, well and enclosure, is accepted by all parties concerned as correct, so that the, only question is as to the propriety of his award of Rs. 7,372-8-0,

(3.) Now the learned Judge has arrived at that figure on the evidence before him. The Government adduced no evidence in the case, and except by way of criticism in no way assisted the Court to arrive at the market-value of the land in the Court below.