UNION OF INDIA Vs. LOK NATH

JUDGEMENT

(1.) This is an application seeking to condone the delay of 708 day in filing the accompanied Civil First Appeal against the order 31/10/2015 passed by the Reference Court (learned Principal District Judge, Rajouri) whereby the amount of compensation for the land acquired has been enhanced.

(2.) Before adjudicating the instant condonation of delay application, I deem it appropriate to highlight the brief facts of the case as well as to peruse the order passed by the Reference Court hereunder:

(3.) The applicant-appellant herein vide letter No.17/7/2004 placed an indent for acquisition of the aforesaid land for the purpose of construction of Army Goodwill School at Village Dhanore Loharan, Tehsil and District Rajouri and accordingly the Collector Land Acquisition Defence, Rajouri vide notification bearing No.Coll/Def/336-42 dtd. 19/7/2004 issued a notice under Sec. 4 of the Land Acquisition Act calling upon objections from the interested persons relating to the acquisition of the land. The case of acquisition was recommended to the Financial Commissioner Revenue, Jammu and Kashmir by the Collector Land Acquisition Defence, Rajouri vide communication dtd. 19/8/2004 for obtaining declaration under Sec. 6 and under Sec. 7 of the Act. The Jammu and Kashmir Revenue Department vide No.78-RD of 2005 declared the land in question under Sec. 6 to be needed for public purpose and conveyed the same to the Collector Defence Rajouri with a directive to take orders for acquisition for the land bearing Khasra Nos. 189 and 190 measuring 4 Kanals 13 Marlas situated at Village Dhanore Loharan, Tehsil and District Rajouri, under Sec. 7 of the Act and subsequently, notification under Sec. 9 and 9-A of the Act was issued by the Collector Land Acquisition Defence, Rajouri dtd. 30/7/2005 calling upon the interested persons to file objections in respect of the amount of compensation. Since no objection was filed by the interested persons, the prescribed rate of Rs.1,03,000.00 per Kanal was adopted by the Collector. However the said rate was not based on the documentary evidence, as such, the rate proposed in the draft award was not found tenable by the competent authority i.e., the Financial Commissioner Revenue, Jammu and Kashmir who accorded the formal approval of rate of compensation @ 80,000.00 per Kanal plus 15 per cent Jabrana thus the rate of compensation was fixed and award has been issued vide notification dtd. 6/6/2006. However, the owners of the land had received the awarded amount under protest and also made a Reference under Sec. 18 of the Act on 27/9/2006 on the ground that land in question is not less than ten lakhs per Kanal at the relevant time and the said Reference was forwarded to learned Principal District Judge, Rajouri to adjudicate.