- (1.) The appellant whose land was acquired is aggrieved by the dismissal of his claim for increased compensation by the Division bench of the High Court.
(2.) The appellant owned land measuring 137 kanals and 19 marlas in Khasra No. 804 (77 Kanals and 7 marlas) and Khasra no. 805 (60 Kanals and 12 marlas) situated in Barshalla Tehsil, Doda (Jammu) in the state of Jammu and Kashmir. This land was acquired by a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') issued by the state Government for the purpose of establishing a base camp of Sheep Breeding farm, Thathri. The declaration under Section 6 of the Act and a direction under Section 7 of the Act were issued on 10. 12.1976 and possession of the land was taken on 16.1.1977. The petitioner claimed compensation at the rate of Rs. 12,000/- per Kanal for the land and compensation for trees separately. The land acquisition collector made an award in respect of the land bearing khasra Nos. 804 and 805 and fixed compensation for the land at the rate of rs. 800 per Kanal for land in Khasra No. 804 and Rs. 250/- per Kanal for land in khasra No. 805. He also awarded certain compensation for trees on the land. The petitioner accepted it under protest and sought a reference for increase in the compensation. On 27.4.1985 the petitioner made a written application before the land acquisition collector claiming that the market value of the land was not less than rs. 12,000/- per kanal. He also specifically claimed that there were 350 trees standing on that land and claimed increased compensation in respect of the said trees also.
(3.) Upon a reference under Section 18, the reference court after recording evidence came to the conclusion that the comparable instances of sale cited by the appellant were in respect of very small pieces of land while the acquired land was a big chunk measuring about 137 kanals. Consequently, the reference court was of the view that the instances cited could not be taken as comparable instances of sale of land. The reference court assessed the market value at Rs. 800/- per Kanal in respect of land in Khasra No. 804 and increased the compensation only in respect of Khasra no. 805 from Rs. 250/- per Kanal to Rs. 720/ - per Kanal. The reference court also directed 4% per annum interest to be paid.;