RFA No.1016 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.1016 of 1994 Date of decision 28.4.2009. Union of India ...... Appellant. versus Mukhbir Singh and another ...... Respondents. Present : Mr. S.K.Sharma, Advocate for the appellant. None for respondents. L.N.MITTAL,J.(Oral) This is appeal by Union of India assailing Award dated 17.11.1993 of learned Additional District Judge, Amritsar. Land of the respondent No.1 and other land owners was acquired by Punjab Government vide notification dated 11.7.1977 under Section 4 of the Land Acquisition Act, 1894 ( in short - the Act) followed by other proceedings under the Act. This case pertains to market value of the super structure existing in the land of respondent No.1-Mukhbir Singh. Land Acquisition Collector, vide Award No.4 dated 28.6.1983 regarding structure No.173 assessed the value of the structure to be Rs.36203/- as per report of PWD-authorities. Aggrieved thereby, respondent No.1 filed petition under Section 18 of the Act for enhancement of compensation of the RFA No.1016 of 1994 2 said structure. The Reference Court vide impugned Award enhanced the said compensation by Rs.12,350/-. I I have heard learned counsel for the appellant and perused the case file whereas none has appeared for the respondents. Respondent No.1, in his evidence, examined a private expert Mr.S.S.Bharj, who proved his report Ex.A-1 and site plan Ex.A-2. According to the said report, value of the structure was assessed to be Rs.66,280/-. The learned Additional District Judge, on plea of present appellant, allowed depreciation from the said value and brought it down to Rs.57,664/-. In addition thereto, on the plea of appellant herein, the learned Reference Court further deducted Rs.1760/- on account of alleged excess area shown by Mr.S.S.Bharj in his report. The value was thus brought down to Rs.55,904/-. The learned Reference Court then worked out the average value of the structure as per report of PWD authorities and as per report of private expert Mr.S.S.Bharj and accordingly allowed enhancement of Rs.12,350/-. Learned counsel for the appellant contended that respondent No.1 did not lead any evidence regarding value of the super structure. The contention cannot be accepted because respondent No.1 examined Expert Valuer and proved his report regarding value of the super structure. The said report has been taken into consideration by the Reference Court along with the report of the PWD authorities relied on by the appellant-herein. Consequently, there is no infirmity in the impugned Award of the Reference Court. In addition to it, the amount involved is very small and the case is more than 15 years old. No interference is warranted in the Award of the RFA No.1016 of 1994 3 Reference Court ordering enhancement of value of the super structure by Rs.12,350/- only. In view of the aforesaid, the appeal is dismissed. ( L.N.MITTAL ) JUDGE April 28, 2009 sv