VINEY MITTAL, J. - (1.) VIDE notification dated November 5, 1976 issued under section 4 of the Land Acquisition Act, 1894, the land in question belonging to the claimant was acquired by the respondent for a water supply scheme. The learned Land Acquisition Collector assessed the market value of the acquired land but the claimant was not satisfied and claimed a reference. The matter was duly referred to the learned District Judge, Gurgaon under section 18 of the Land Acquisition Act. It may be noticed that along with the land, the super-structure standing thereupon along with a well and a pipal tree was also claimed to have been acquired.
(2.) DURING the course of reference proceedings, the parties led their evidence. The learned District Judge found that there was absolutely no evidence to show that the market value of the acquired land as assessed by the learned Land Acquisition Collector was inadequate in any manner. No evidence was led by the landlord to show that the land was liable to be assessed at a higher rate. With regard to the super-structure etc., the learned District Judge took into consideration the valuation report Ex.P3 prepared by Satya Narain PW2. As per the aforesaid report, the market value of the super-structure was assessed at Rs. 24109.45. The learned District Judge held that the valuation report was prepared on the basis of the prevalent price in the year 1987. The acquisition was made in the year 1976 and as such the learned District Judge imposed 1/3rd cut on the said assessment of the market value and held the market value of the super-structure, well etc. at Rs. 16000/-. Accordingly, the reference was answered. The claimant-landlord was also held entitled to the benefits of the amended provisions of the Act. The claimant-landlord has still felt dissatisfied and has approached this court through the present appeal.
(3.) I have heard Shri A.P. Bhandari, Advocate the learned counsel appearing for the appellant and Shri Vijay Dahiya, the learned Assistant Advocate General, Haryana for the respondent and with their assistance have also gone through the record of the case.;