DISTRICT HORTICULTURE OFFICER BUDGAM Vs. ZAMINDARAAN KAKURENG

JUDGEMENT

(1.) On the indent placed by Deputy Director, Horticulture (Planning and Marketing), Srinagar, vide No.DDK/98-99/302/145-50 dated 12.04.1999, the Collector Land Acquisition, Budgam respondent no.10 herein, initiated proceedings for acquisition of land measuring 48 Kanals and 19 Marlas under survey Nos.3042,3047,3048, 3049, 3051,3052, 3053 at Charisharief, Zaloora. Respondent no.10, after completing formalities and acquisition proceedings passed the Award, fixing Rs.50,000/- per kanal as compensation for all kinds of land. The land owners, however, filed application under Section 18 of the Land Acquisition Act, for making reference. Accordingly, respondent no.10, made reference to the court of Principal District Judge, Budgam (for short "Trial Court").

(2.) The Trial Court, after recording evidence, came to the conclusion that lthe owners respondents herein, were entitled to compensation @ Rs.1.15 lakh per Kanal along with Jabrana @ 15% and also interest @ 6% from the date of filing of Reference. Feeling aggrieved of this order, the indenting department, viz. District Horticulture Officer, Budgam, has filed instant Appeal throwing challenge to judgement and decree dated 27.06.2006, passed in the aforesaid Reference on the grounds mentioned therein.

(3.) I have heard learned counsel for the appellant and also gone through the record of the file.