COLLECTOR LAND ACQUISITION Vs. SAJIDA BEGUM
HIGH COURT OF JAMMU AND KASHMIR
COLLECTOR LAND ACQUISITION
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(1.) THIS appeal is directed against the judgment/ award passed by learned
District Judge, Baramulla, in a reference titled as Sajida Begum & Ors.
Vs. Collector, File No.8 of 1989, whereby and whereunder the compensation
came to be enhanced, which shall be hereinafter referred to as impugned
(2.) APPELLANTS had acquired 14 kanals and 16 marlas of land for development of Industrial Training Institute and out of which respondents
were the owners of 10.5 Kanals of land. Collector, Land Acquisition
awarded Rs. 14000/ - as compensation per Kanal, Rs. 1,54,695.45/ - as cost
of fruit bearing trees and also 15% Jabrina. Respondents disputed the
adequacy of compensation and made an application in terms of Section 18
of the Land Acquisition Act, hereinafter referred to as Act, for making
reference to the District Court. Learned District Judge framed the
following issues: -
"1. Whether the petitioners have been awarded the compensation
which is less than the market value? OPP
2. In case issue No. 1 is answered in positive what was the market rate of the land at the time of acquisition? OPP
(3.) RELIEF ." 3. After hearing learned counsel for the parties, learned District Judge came to the conclusion that compensation was not just and
accordingly enhanced the compensation to the tune of Rs.50,000/ - per
kanal from Rs.14000/ - awarded by the Collector and also held that Mst.
Sajida was entitled to Rs. 19,008/ - as the cost of fruit bearing trees.
Appellants feeling aggrieved of the said order preferred this appeal which is on the Board of this Court for the last 12 years.;
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