UNION OF INDIA Vs. VILLAGERS OF HAMRAY

JUDGEMENT

(1.) Appellant Union of India has assailed the judgement passed by the court of Addl. District Judge, Baramulla in Reference filed under section 18 of Land Acquisition Act (for short 'Act'), whereby following directions were passed:

(2.) The said judgment has been assailed on the ground that the appellant was not given proper opportunity of hearing and without deciding the application filed by the appellant for setting aside the ex-parte proceedings, the Trial court passed the judgement impugned, and that the judgement impugned has been passed in a casual manner without appreciating the controversy, resulting in loss of public exchequer by giving exorbitant rates.

(3.) It is also stated in the Appeal that the Trial court has relied upon the Sale deeds as only modes for determination of the market value of the land in question, notwithstanding the fact that this issue was already decided by the Collector after appreciating the market value of entire land and after generalizing in question in keeping with the market value of the land for preceding three years and also taken into consideration the scope and utility of the land.