LAWS(J&K)-2001-11-49

UNION OF INDIA Vs. FRENI BOGA

Decided On November 26, 2001
UNION OF INDIA Appellant
V/S
Freni Boga Respondents

JUDGEMENT

(1.) BY this common judgment 1 propose to decide two Appeals CIA No. 38/1998 and CIA No. 103/1998. Both appeals arise under the provisions of Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act 1968 (hereinafter called the Act) and have been filed against the award dated: 05 -03 -1998 passed by Addl. District & Sessions Judge (Arbitrator) Srinagar.

(2.) THE perusal of the record reveals that Vide SRO No. 148 dated March 15,1979the Government directed acquisition of the land under the provisions of the Act, initially the Notification related to 1783 Kanals and 6 Marlas of land situate in village Zawoora District Srinagar. Subsequently the Schedule of the land, enclosed to the Notification, was substituted vide SROJ 507 dated September 13, 1979. Under the substituted schedule the land of the appellant measuring 313 Kanals and 4 Marlas falling in village Khonmoh, was directed to be acquired. The Competent Authority (Deputy Commissioner, Srinagar) initiated the acquisition proceedings under the J&K Land Acquisition Act (hereinafter called the Act). The appellant claimed Rs. 20.000/ - per Kanal as a just and fair amount of compensation. The competent authority vides his award dated 26 -02 -1981 permitted the amount of compensation payable to the appellant as f lows:

(3.) THAT the parties entered into an agreement under Rule 9 (5) (iii) and the appellant accepted to have received on account payment of award in terms of Form L on 16 -08 -1982, 07 -05 -1987 and 29 -07 -1987.