COLLECTOR LAND ACQUISITION Vs. SALAH MOHD
LAWS(J&K)-2006-5-33
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 05,2006

COLLECTOR LAND ACQUISITION Appellant
VERSUS
Salah Mohd Respondents

JUDGEMENT

- (1.) THIS is Collectors appeal against the award of learned District Judge, Rajouri, dated 31.03.2000 on two references of Collector clubbed in file No.03/Land Acquisition Act, whereby market value of the acquired land was assessed at rupees two lacs sixty thousand per kanal as against rupees twenty six thousand per kanal awarded by the Collector.
(2.) SHORN of details, following facts may be necessary for disposal of this appeal. The facts, read, thus: -
(3.) NOTIFICATION under Section 4, for acquisition of forty four kanals and fifteen marlas of land, was issued vide No. AC/LA/420 -23 dated 15.09.1989 followed by declaration under Section 6 vide Notification No. Rd of 1990 dated 10.01.1990. Conceding the request of the claimants, the Collector made two references before learned District Judge, Rajouri, who proceeded to determine the market value of the land by putting the parties to the following issues. The issues, read, thus: - "i). Whether the rate of compensation awarded is not reasonable, if so, how? OPP ii) Whether the market rate of the acquired land is Rs. One lac per kanal to which the petitioners are entitled if so how? OPP (iii) Relief." 4. Learned District Judge passed the impugned judgment on the basis of following finding. The finding read, thus: - " In view of the above said evidence to which even the claimant/petitioner Salah Mohd and Mohd Bashir have made reference in their testimony before this court the market rate was/could be in between Rs.43000/ - per marla to Rs.60,000/ - per marla. No other document has been placed on record by either of the parties. Both P.W. Gulam Hussain and Mohd Bashir have effected alienation of their property by virtue of agreements to sell which pertain to small pieces of land over which they have raised the shops and are located adjacent to the N.A.C. limits of Rajouri Town but such sale deeds have no comparison with the land in dispute nor the yard stick of the cost pertaining to such sale deeds of small pieces of land can be applied in the instant case. The above said agreements to sell pertain to the year 1996 and 1998 whereas the land acquired herein pertains to the year of Notification i.e. year 1990 i.e. 6 to 8 years prior to the execution of the above said agreements to sell. In that way also the said agreement to sell are not applicable to the instant case. The agreements to sell since pertain to small pieces of land impel this court to apply the yard stick of assessing the rate of compensation to the instant case. Obviously the cost of small pieces of land would be higher whereas for big chunks of land prices would be low. The principle of smaller the land bigger the price and bigger the land smaller the price is to be adopted. Therefore, I do not impart any value to the said agreements to sell executed by the concerned alienators in favour of concerned alienees. In a case CIMA 163/91 and CIMA 162/91 entitled Union of India Vs. Mulkh Raj and others and Mulkh Raj Vs. Union of India decided on 29 -9 -92 by the Honble High Court the Collector had assessed the compensation at Rs.23,650/ - per kanal for a big chunk of land measuring 19 kanals and 19 marlas under Kh. Nos. 375 and 380 acquired on 18 -3 -87 but the Honble High Court enhanced the rate of compensation to Rs.75000/ - per kanal. The land in that case was located at a distance of half a kilometer away from Salani Bridge. That land had the commercial value but not to the extent as compared to Rajouri Town itself. In another case C.I.Appeal No. 66/94 and cross Appeal No.8/95 the Honble High Court vide its judgment dated: 6 -2 -98 enhanced the amount to Rs.75000/ - per kanal. The land herein was located in village Sailani. In another case entitled Mst. Dhanwanti and ors Vs. Union of India this Court has awarded an amount of Rs.60,000/ - per kanal though the Collector had passed the award for Rs.23,650/ - per kanal for the land located in village Rampur i.e. Rajouri Town itself and another piece of land located in village Goverdanpain. The compensation was assessed at Rs.65000/ - per kanal in 1986 but award of compensation was enhanced only upto Rs.60,000/ - per kanal as the claimant/petitioners therein demanded the said amount. Herein we are dealing with the land acquired which is located within town Rampur Rajouri. It may be kept herein mind that the old name of Rajouri was Rampur, as such the town is described as Rampur Rajouri. It appears apparently from the award passed by the Collector that the land is located in the Rajouri town itself but he has also stated in the award itself that the land is irrigated as well as located along Thanamandi Rajouri road quite adjacent to the limits of N.A.C. Rajouri. Also that keeping in view the location, productivity and commercial value of the land, the land has not less commercial and market value as would appear from the reference made to the Court. In the above quoted cases the different chunks of land were acquired in villages Goverdan -Pain, Talwal and Sailani which are located at a distance of 2 kms, half kms or 1 1/2 kms from Rajouri town. Those chunks of land were acquired in the year 1986 or 1987. For the lands aforesaid the Collector had granted compensation at the rate of Rs.23,650/ - per kanal as per awards but the Honble High Court enhanced the amount of Rs.75,000/ - per kanal for the land located in village Sailani and Rs.60,000/ - per kanal for the land located in Goverdanpain was granted by this court though the amount was assessed at Rs.65000/ - per kanal for the reason that the claimant petitioners in the case only demanded Rs.60,000/ - per kanal. What is gatherable from the said cases is that in the year 1987 the land in the adjoining villages of Rajouri town the rate prevalent was Rs.75000/ - p. k. It is not denied by the Collector that the land in question has not higher commercial value according to its location and keeping in view its productivity. If the adjoining lands in the aforesaid villages have a value of Rs.75000/ - per kanal the rate in Rajouri town would be very high. In another case decided by this court in Om Parkash Modi and ors Vs. District Collector (File No.35 -A Arbitration) the compensation was awarded for the land @ Rs.1.10 lacs for the land located in village Sailani in the year 1990. In that case it was observed that the average rise of prices per year for the land at Sailani would be upto Rs.10,000/ - or more. Likewise if that yard stick is adopted the value of the land would be much higher and would go on increasing according to its distance from the main Rajouri town which is District Headquarter of Rajouri. If we evaluate the cost being Rs.1.10 lacs at a distance of 2 kms from the town at Sailani the rate would go on increasing by the distance and it may be gathered that quite adjacent to the town rate would rise by at least Rs.30,000/ - to Rs.50,000/ - per kanal. Village Kheora for which the agreements to sell have been produced herein by the claimant petitioners is located at a distance of 2 kms upto which Rajouri town has expanded so far. Many industries and commercial complexes have been brought up in the locality. I have observed that since the agreements to sell aforesaid pertain to small pieces of lands it would impel this court only to apply the yard stick of assessing the rate of compensation in the instant case comparing the rates of the lands covered under the agreements. The lands covered under the agreements to sell pertain to the years 1996 and 1998 i.e. to say 6 to 8 years after the acquisition of the land in question. If the said rates are applied here it would mean that the rates in Rajouri town itself would be much higher at present or in the other manner it could be stated that those rates may be prevalent in the year 1990 in Rajouri town itself. The Collector has contradicted his own version by stating in the award that the land is located by the side of Thanamandi Rajouri road and is adjacent to the town whereas at the very beginning of the award the land is stated to be located in Rampur Rajouri which is actually Rajouri town itself. There is no scope for expansion of the town and at present is extending all around especially towards village Kheora which is on Thanamandi Rajouri road. At least village Kheora at present is within Rajouri town. The land herein is located in the town at a distance of one and a half kilometer before village Kheora. I have no reason to come to a different conclusion that the market value of the land in Rajouri town would not increase by less than Rs.50,000/ - per kanal if compared to rate of compensation of Rs.1.10 lacs at a distance of 2 kms from Rajouri town, the average per year if calculated would amount to a rise Rs.1.50 lacs per kanal i.e. to say the rate of compensation for the land in question could be Rs.2.60 lacs per kanal." ;


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