S. P. Kurdukar, J. - (1.) Leave granted.
(2.) This Court vide its order dated 21-3-96 directed that LPA No. 12/93 pending in the High Court of Jammu and Kashmir be transferred to this Court and the same be heard along with S. L. P. (C) No. 1779 of 1994 since an identical question is involved in both the matters arising out of the Judgment dated 17-8-93 in Civil Appeal No. 38 of 1992 and Civil Appeal No. 42 of 1992 passed by the High Court of Jammu and Kashmir at Jammu. Few facts leading to the present proceedings may be summarised as under:-
(3.) A chunk of land admeasuring 642 kanals and 12 marlas of village Punzgam, Distt. Pulwama belonging to the respondents was acquired by the Land Acquisition Collector Pulwama by invoking Section 17 of the Land Acquisition Act. This land was acquired at the instance of Union of India for public purpose. The Land Acquisition Collector on payment of compensation of Rs. 57,34,621 to the various claimants, took possession of the land on December 11, 1986. After service of notice under Section 9 of the Land Acquisition Act the claimants filed their claims before the Collector who after taking into account the sale instances and other material by his award dated June 29, 1989 awarded compensation of Rs. 1,06,55,150. 00/- for land; Rs. 33,70,781. 00/- for fruit bearing trees and Rs. 72,600/- for structure and tubewell. An amount of Rs. 2114779. 60 was awarded as Jabirana (solatium). Thus the total amount under award came to Rs. 1,62,13,310. 65. On this total amount of compensation an interest was awarded @ 6% for one year from the date of taking over the possession of the land (possession was taken over on 11-12-1986) and 10% after expiry of one year. The total amount of interest awarded by the Collector came to Rs. 7,87,632. 45. It may be stated that the Collector divided the acquired land into three categories bearing in mind the nature and quality of land as recorded in the revenue records. He accordingly fixed the market value in respect of these three categories at Rs. 17,000/-, Rs. 15,000/- and Rs. 14,000/- per kanal respectively.;