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1967 Supreme(Del) 120

HARDAYAL HARDY, S.K.KAPUR
COLLECTOR – Appellant
Versus
AMIN CHAND – Respondent


Advocates Appeared:
Dharam Pal Sud, INDER SINGH, Mehar Singh

S. K. KAPUR

( 1 ) THE subject-matter of acquisition in this case is a house situate in Sundernagar within the Municipal limits. Before anything is said on the rival contentions, I would like to point out that Sundernagar is one of the places which has assumed considerable importance in view of Sutlej Beas Link Project.

( 2 ) THE dispute in this case relates only to the superstructure and not to the land on which it is built. The house was acquired under the Land Acquisition Act in pursuance of notification dated May 13, 1958, under section 4 of the said Act and the award was made by the Collector on January 16, 1962. The Collector fixed compensation at Rs. 1,160 which was enhanced by the learned District Judge to Rs. 6,848. It appears that the house was originally owned by Bijai Ram and Mohan. The Collector awarded compensation to Amin Chand son of Brjai Ram, Rukmani daughter of Mohan. Mitter Dev and Saradhu, son and widow of Mohan respectively. The Collector appor tioned compensation equally amongst four claimants. Out of the said four claimants, Amin Chand, Mitter Dev and Saradhu applied under section 18 of the said Act to the District Judge for enhancement of compensation. Rukman
















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