STATE Vs. MOHD. YASIN

JUDGEMENT

(1.) THIS appeal arises out of an order and decree passed by the learned District Judge, Anantnag on a reference made to him under Section 18 of the Land Acquisition Act by the Collector (Asstt Commissioner) Anantnag.

(2.) IT appears that about 8 kanals of Land were acquired by the State appellant at Dooru Anantnag from 3 persona, Mohd. Yasin, Mst Bega Bano and Qadir. The Collector fixed the market value of the land so acquired at Rs. 4,000 per kanal. Except the respondent herein, i.e. Mohd. Yasin, the other two persons from whom the land had been acquired have accepted the award of the Collector. The respondent made a request to the Collector to refer the matter under Section 18 of the Land Acquisition Act to the District Judge for adjudication.

(3.) OUT of the total land acquired under Land Acquisition Act by the Collector, it is admitted that the respondent was the owner of 5 kanals and 12 marlas of land only. From the perusal of the evidence on record and its valuation made by the learned District Judge, it appears that the Notification under section 6 of the Land Acquisition Act was issued with regard to the acquisition of the land in question on 18-7-72. It was in the evidence that the State purchased some other pieces of land in Duroo (Anantnag) in 1971 and also in 1973 @ Rs. 3,000 to Rs. 4,000 per kanal. It was also in the evidence that some more pieces of land had been sold by others to purchasers at a price ranging from Rs. 1,500 to Rs. 3.000 per kanal. After discussing the whole evidence learned District Judge has reached the conclusion that in 1971 State itself had purchased a piece of land @ Rs. 4,000 per kanal. It has been, however, established in evidence that the piece of land, subject matter of the dispute, was situated on the general road side while the pieces of land purchased only a year before by the State were situated in the interior of the village and the purpose for acquiring that piece of land was to build a Girls School and also a Police Post. There was amongst other sale deeds, one sale deed on the record which shows that 12 marlas of land have been sold @ Rs. 5,000 and that piece of land was situated also on the general road side. On a comparison of all the relevant matters raised during the evidence, the learned District Judge had fixed the rate per kanal as stated above.