THE NATHPA JHAKRI HYDEL PROJECT CORPORATION Vs. CHARAN DASS AND ORS.

JUDGEMENT

(1.) THIS judgment shall dispose of an appeal filed by the appellant under Section 54 of the Land Acquisition Act (here -in -after referred to as 'the Act ') and the cross objections, as against the award, dated 28.7.1999, passed by the learned District Judge, Kinnaur, Civil Division at Rampur Bushahr, vide which the reference petition filed by respondent No. 1 was allowed.

(2.) BRIEFLY stated the facts of the case are that the land of respondent No. 1 (hereinafter also referred to as the petitioner) was acquired vide notification, dated 8.9.1988, issued under Section 4 of the Act for the construction of a residential colony for NJPC Project at Jhakri. The Land Acquisition Collector entered into reference and decided the reference and assessed the market value of the land as under:

(3.) THE petitioner filed reference petition under Section 18 of the Act claiming that the value of the land was Rs. 5.00 lac per bigha. The petitioner was owning a double storey building, which was rented out to different tenants and the petitioner was getting monthly rent of Rs. 5,350/ -. The petitioner claimed that he has not been paid the compensation adequately, hence the petition filed by him. The respondent denied the allegation and on the pleadings of the parties, the learned District Judge framed the following issues: