CHANCHAL BAL Vs. STATE

JUDGEMENT

(1.) In this appeal two dominant questions of fundamental nature are involved. Firstly whether the learned Civil Judge, Doongarpur has committed serious illegality in rejecting the reference made to him under the Land Acquisition Act without giving any reason in support of his impugned judgment dated 11.1.83. Secondly, whether the learned Civi! Judge was justified in rejectihg the reference made to him by Collector under the Land Acquisition Act without marshalling and weighing the evidence on record.

(2.) Brief facts leading upto filing of the present appeal are that the house in question of the claimant-appellants was acquired under the provisions of Rajasthan Land Acquisftion Act in pursuant to publication of a notification under Section 6 of the said Act on 6.2.75 for construction of Kadana Dam. The claimantappellants were aggrieved against the determination of compensation by the Land Acquisition Officer which was estimated by the Irrigation Department to be of Rs. 46,913.

(3.) The claimant-appellants objected the aforesaid valuation claiming that the market value of their house of the compensation has been assessed by Irrigation Department at a very low figure and claimed that valuation of their house on the relevant date was Rs. 78,000/-. According to the claimant-appellants after adding to, the aforesaid amount the solitium of 10 per cent i.e. Rs. 7,800/- they claimed to be entitled to receive compensation of Rs. 85,800/-.