R.F.A. No. 435 of 1989 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 435 of 1989 Date of decision: September 17, 2008 Union of India and another .. Appellants v. Balwant Singh and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: None Rajesh Bindal J. The appellants are in appeal appeal before this Court against the award dated 28.10.1988, passed by learned Additional District Judge, Gurdaspur for reduction in the amount of compensation awarded to the respondents on account of acquisition of super structure. Briefly, the facts are that land in question situated in the revenue estate of Village Bhatotarwan, Tehsil Pathankot, District Gurdaspur was acquired vide notification dated 2.12.1977 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'). The same was followed by notification under Section 6 of the Act on 5.7.1978. The Land Acquisition Collector (for short, `the Collector') gave award of Rs. 7533.58 pertaining to super structure on 26.9.1980. The land owners filed objections which were referred to the learned Court below for consideration, who keeping in view the material placed on record by the parties, awarded compensation of Rs. 13,760/-. The respondents in the present case claimed a sum of Rs. 40,000/- on account of acquisition of super structure and additional sum of Rs. 1,500/- was claimed for shifting. However, only a sum of Rs. 7533.58 was granted by the Collector. Before the Court below, the respondents relied upon expert evidence of A.W.2- B.D.Gupta, who assessed the market value of the super structure at Rs. 38,000/- vide report (Ex. A.2), whereas the stand of the appellants was that the value assessed by the Collector was R.F.A. No. 435 of 1989 [2] correct. On the basis of the material placed, the Court below found that the assessment made by the Collector was not based on any sound footing. There was absolutely no material with him on the basis of which value of the super structure was assessed. Only dimensions of the property were available and nature of construction and quality of material used was left to guess work. On the other hand, the evidence led by the respondents in the present case was relied upon keeping in view the fact that the dimensions were correctly mentioned and person who had prepared the estimate was a qualified Diploma Holder. The estimates were prepared on the basis of Punjab Public Works Department Schedule of 1962 and the rates of premium sanctioned by the government. Considering these facts and other material in detail, the learned Court below, while disallowing certain claims made by the respondents, arrived at a fair market value of the super structure at Rs. 13,760/- after allowing depreciation for the life of the super structure. After perusing the award of the learned Court below, which is well considered where the entire evidence has been referred to threadbare, I do not find any illegality has been committed in determining the compensation at Rs. 13,760/- on account of acquisition of super structure. Accordingly, the present appeal is dismissed. (Rajesh Bindal) Judge 17.9.2008 mk