COLLECTOR LAND ACQUISITION Vs. SAJIDA BEGUM
LAWS(J&K)-2006-11-32
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 02,2006

COLLECTOR LAND ACQUISITION Appellant
VERSUS
SAJIDA BEGUM Respondents

JUDGEMENT

- (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 award.
(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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