J&K THROUGH SECRETARY TO GOVT Vs. SUNIL CHOUDHARY

JUDGEMENT

(1.) BY virtue of this Letters Patent Appeal, the judgment passed by a learned Single Bench of this Court on 10.3.1998, in OWP No. 1040/96 has been challenged. In the impugned judgment, the learned Single Bench has allowed the writ petition of the respondents. BRIEF FACTS:

(2.) CENTRAL P. W.D. indented for acquisition of land for construction of a bridge over the Ballol Nallah. The concerned Collector, Assistant Commissioner  ® Jammu got the revenue papers of the land proposed to be acquired, prepared and attested by both Tehsildar and Tehsildar Settlement Jammu Notifications under sections 4, 6, 7, 9 & 9 -A of the J&K Land Acquisition Act, (hereinafter called the Act), were duly issued. The Committee appointed for fixation of rate recommended compensation @ 1.50 lac per kanal. An Award (described as Draft Award) was passed on 20.6.1994, whereunder the compensation was fixed at the rate of one lac per kanal. Reference of this Award in terms of section 11(2) of the Act, for approval of the rates proposed, was made to the relevant authority.

(3.) POSSESSION of the land, however, was taken -over in 1989 itself, much before passing of the award. The construction of bridge was started in 1990 and completed in 1993. Respondents -writ petitioners in para 7 of the Award have been shown to be the owners of the land, measuring 20 -kanal and 14 -marlas (under survey No. 232 -Min.) situated in village Jallo Chak, Tehsil Jammu. An amount of Rs. 34, 27,000/ - as 80% of the Award was deposited by the authorities of C.P.W.D. vide Cheque dated 21.10.1995 under Executive Engineer, Madhupur Canal Division, C.P.W.D. Madhupurs letter No. MCD/55 (Misc)/95 dated 14.11.1995.