COLLECTOR Vs. DAULAT RAM
LAWS(HPH)-1964-7-2
HIGH COURT OF HIMACHAL PRADESH
Decided on July 02,1964

COLLECTOR Appellant
VERSUS
DAULAT RAM Respondents


Referred Judgements :-

MT. LACHHMI V. MST. BHULLI [REFERRED TO]
NARHARI VS. SHANKER [REFERRED TO]
BADRI NARAYAN SINGH VS. KAMDEO PRASAD SINGH [REFERRED TO]
COLLECTOR VS. HANS RAJ [REFERRED TO]



Cited Judgements :-

STATE OF U P VS. GHANSHYAM SINGH [LAWS(ALL)-2014-5-220] [REFERRED TO]


JUDGEMENT

OM PARKASH, J. - (1.)THIS appeal, by the Collector, Bilaspur, is directed against an order of the learned Additional District judge Bilaspur, whereby, on three references, under Section 18 of the Land Acquisition Act, the compensation, payable for acquisition of property, was enhanced, by Rs. 28,934.75 P.
(2.)LAND and buildings, situated in Bilaspur town, were acquired, in connection with the construction of Bhakra Reservoir. The major part of the property, acquired, was owned, exclusively, by Smt. Reshmu, since deceased, and her sons, Daulat Ram and Nauria Mal, respondents, and the rest was owned by them, jointly, with other persons. The Collector awarded compensation with respect to the acquisition of property. Smt. Reshmu and Daulat Ram and Nauria Mal, respondents, did not accept the award. Each of them filed a separate reference, putting forth objections, against the award qua her or his own share in the property, acquired. The three references were forwarded to the Court for determination.
The learned Additional District Judge, Bilaspur consolidated the three references, held one trial and disposed of them by one order.

(3.)THE objections taken up, against the award, in the three references, were the same. The objections, which are relevant for the decision of the present appeal, were that the compensation for land and buildings, as assessed by the Collector, was inadequate and that the respondents were carrying on business in the buildings acquired and, that as the business was injuriously affected by reason of the acquisition, they were entitled to get compensation for loss of earnings but the Collector did not award any compensation in this behalf.


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