IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 345 of 2001 Date of Decision: 18.9.2009. Land Acquisition Collector and another ...Appellants. Versus. Nokh Ram ..Respondent. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No For the Appellant(s): Mr.Vikas Rathore, Dy.A.G. For the Respondent(s): Mr. Sunil Mohan Goel, Advocate. Deepak Gupta, J. ( oral): This appeal under Section 54 of the Land Acquisition Act, 1894 is directed against the award of the learned District Judge, Kullu passed in Reference Petition No.36 of 1998 decided on 1.9.2000. The land of the respondent/petitioner comprised in khasra No.3224, measuring 0-2 bighas in Phati Diyar, Tehsil and District Kullu was acquired for construction of Bhuntar-Diyar road. On this land the house of the petitioner was situated. A notification for acquisition of the land was issued on 9.8.1982 and published in the H.P. Rajpatra on 28.8.1982. The Collector vide his award dated - 2 - 27.5.1995 awarded a sum of Rs.18,849/- by way of supplementary award in respect of the value of the house. The petitioner filed a reference claiming enhancement for the value of the house. During the course of proceedings before the learned Reference Judge, PW-1 who is a Diploma Holder Civil Engineer inspected the house and prepared a plan Ext.PW-1/A. He also prepared detailed measurements which are Ext.PW-1/B. On the basis of his inspection, plan and the measurements, he prepared the abstract of the cost of the house which is Ext.PW-1/C. The Engineer applied the schedule of rates as approved by the HPPWD for the year 1987. After making allowances for depreciation etc. he assessed the value of the house at Rs.3,12,400/-. On the other hand, the State got the house inspected from the Executive Engineer, Division No.1, Kullu. However, this witness while appearing in the witness box admitted that he had never visited the spot nor carried out the measurements on the spot. Therefore, his evidence was rightly discarded by the learned trial Court. Placing reliance on the report of PW-1 and after making deductions of 50% the Court assessed the value of the property at Rs.1,56,200/-. Deduction of 50% was made on the ground that the notice for acquisition under Section 4 had been - 3 - issued in the year 1982 and the schedule applicable to the year 1987 had been applied. The award of the learned Tribunal is reasonable and calls for no interference in the appeal. The award is based on evidence led before the land reference Judge who has in fact made substantial deduction from the value of the property as proved on record. Therefore, there is no merit in the appeal which is accordingly rejected. No costs. September 18, 2009. ( Deepak Gupta ), J. PV