COLLECTOR LAND ACQUISITION Vs. MAHINDER KUMAR

JUDGEMENT

(1.) THE land aggregating 06 kanals 09 maralas contained in Khasra No. 115 min. located in Village Siot, Tehsil, Sunderbani, District Rajouri has been acquired by the State for the construction of the 'Siot -Kalakot' Road, as per the final award issued by Collector, Rajouri, vide his No. AC/LA/704 -06 dated 29.12.1990, whereby the Collector has awarded compensation of Rs. 8,000/ - per kanal with Jabrana/solatium @ 15%.

(2.) THE claimants/respondents, namely, Mahinder Kumar and Kevel Kishore sons of Ghardhari Lal accepted the compensation and received the payment under protest. They applied for a reference under Section 18 of the Land Acquisition Act. The reference Court after hearing the parties, enhanced the compensation for the land acquired from Rs. 8,000/ - to Rs. 15,000/ - per kanal plus 15% solatium/Jabrana and 4% interest from the date of the notification till the realization of the amount awarded to the claimants/respondents from the Collector, Land Acquisition, Rajouri and the indenting Department.

(3.) THE reference Court, however, has heavily relied upon the agreement to sell in respect of a land alienated by one Kesar Singh to Sham Lal @ Rs. 10,000/ - per marla which is duly registered by Sub -Registrar, Nowshera, besides the statements of PW Inder, Bicheter Ram and Krishan Lal to fix the market rate of Rs. 15,000/ per kanal, payable to the owners, of course, with jabarana @ 15%. The evidence provided by PWs Kesar Singh and Sham Lal is to the effect that 10 maralas of land located in Village Lamberi covered under khasra No. 573 was purchased by Sham Lal from its owner PW Kesar Singh. The transaction in respect of this land had taken place in the year, 1986. According to PW Sham Lal, the land in question is located in Siot and is at a distance of 21/2 kilometers from his purchased land. Whereas, PW Kesar Singh had given intervening distance of the land acquired as one kilometer from the land sold to PW Sham Lal. PW Krishan Lal examined by the claimants, on the other hand, has given hypothetical statement as regards the market value of the land at a place where the land is acquired for the construction of 'Siot -Kalakot' road in expressing his willingness to purchase a land @ 15, 000/ - per kanal, if some one is ready to sale it. The evidence of PW Inder also does not provide any assistance, as he stated that he has no knowledge in which year the land was acquired. He also expressed his ignorance about the market value of the land about 5/6 years ago. The statement has been recorded in the year 1993. He has also stated that the land of the respondents/claimants is located at a distance of one furlong from the 'Siot Morh' where many shops have come up and the area is developing. In the like manner, PW Bichiter Ram stated that the land acquired is at Jammu -Rajouri road at 'Siot Morh' and its market value was Rs. 35,000/ -per kanal when the same was acquired by the government. It is also in his evidence that many people are purchasing the land in that area and 20 to 25 karyana shops, besides hotels have come up there. He, however, did not state that as to when the land was acquired for the construction of 'Siot -Kalakot' road. Mahinder Kumar also appeared as his own witness and stated that one Bakshi Dev Raj had purchased the land for the shop @ Rs. 6000/ - per kanal near the land acquired by the Collector Land Acquisition about 3 to 4 years ago. Neither Bakshi Des Raj has been examined as witness nor the person from whom he had purchased the land. The statement of claimant, Mahinder Kumar, was recorded in February, 1998, whereas the land has been acquired in the year 1990.