M L DHAR Vs. COLLECTOR LAND
LAWS(J&K)-2006-7-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 25,2006

M.L.DHAR Appellant
VERSUS
COLLECTOR LAND Respondents

JUDGEMENT

- (1.) This appeal is directed against the judgment/award and decree dated 31st March, 2004 passed by learned Principal District Judge, Srinagar, in reference titled as M. L. Dhar & Ors. v. Collector, Land Acquisition and others, hereinafter referred to as impugned judgment /award, whereby and whereunder the reference came to be dismissed. Appellant has assailed the impugned award on various grounds taken in the memo of appeal. Brief facts of the cases :
(2.) Collector, Land Acquisition acquired land measuring 222 kanals and 16 marlas for construction of Modern Slaughter House in Srinagar. Final award came to be passed on 4-12-1993 which came to be accepted on 8-12-1993 and accordingly payment was received by owners on 10th December, 1993.
(3.) It appears that claimants have not objected to the acquisition of the land but were not satisfied with the amount of compensation award by the Collector as alleged in the application for making reference. It is further averred in the application that they have received the compensation under protest and made a request to the Collector for making reference. The report of Tehsildar was not accepted by the Collector and market value of the acquired land was higher than assessed and awarded by the Collector. Claimants had prayed for awarding compensation at the rate of Rs. 80,000/- per kanal.;


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