COLLECTOR LAND ACQUISITION Vs. BASHANDGANI NIHAMA

JUDGEMENT

(1.) By medium of these two Civil first Appeals judgment (award) and decree dated 14.5.2008 passed by Learned Principal District Judge, Pulwama, is assailed on the ground of being illegal and based on mis-appreciation of evidence. By virtue of judgment impugned market value of the land acquired has been fixed at Rs. 2.50/-lacs per kanal. From within the acquired land regarding 3 kanals 10 marlas the market value has been fixed at Rs. 5/lacs per kanal when as per award issued by the Collector, the market value of the land has been fixed on the basis of kind of soil of the land i.e. Abi Awal, market rate has been fixed as Rs. 1.20/lacs per kanal whereas for Bunjar Qadeem and Gairmumkin rate has been fixed at Rs. 60,000/per kanal. In addition escalation @ 10% has also been allowed in the' award.

(2.) Aggrieved thereof, two separate appeals have been preferred, one (CIA No. 86/2008) against the land owners i.e. inhabitants of Nihama regarding whose land market value has been fixed at Rs. 2.50/lacs per kanal whereas another appeal (CIA No. 87/2008) has been filed against the Respondents, namely, Abdul Majeed Wani and Anr. because in respect of their land measuring 3 kanals 10 marlas rate has been fixed as Rs. 5/lacks per kanal.

(3.) The judgment and decree being impugned in both the appeals, therefore, both the appeals stand clubbed and taken up together for disposal.