The parties were given an opportunity to lead evidence. The respondents produced one Ved Parkash Saini (AW-2) who proved the site plan and valuation report of the super structure in question. On the basis of Ex.AW-1, the value of the super structure at the time of acquisition was assessed at Rs.1,25,000/-. It may also be mentioned that the appellant has relied upon the report of the Surveyor who prepared the assessment report of the super structure in question at the time of the acquisition of the land prior to the passing of the award by the Land Acquisition Collector. However, it may be noticed that even the aforesaid report of the Surveyor of the appellant-Department had assessed the value of the super structure at Rs.55,290/-. Not only this, it has also come on record that the aforesaid assessment was made by the Govt. officials keeping in view the schedule rates of the year 1987 as approved by the State of Punjab. In fact the Reference Court while passing the impugned award has observed that no criteria to assess the exact value of the structure has been placed before the Court and therefore, in order to strike equity, the average of both the values, as assessed by the respective parties, is taken by guess work on average basis and thus, the compensation has been assessed at Rs.90,000/- for the super structure.
