STATE OF JAMMU & KASHMIR Vs. RAMESHWAR CHANDER

JUDGEMENT

(1.) LAND measuring 18 kanals 9 marlas comprised in Khasra Nos. 419, 420 and 426 min situated at Reasi was acquired for construction of P.H.E. Complex Reasi pursuant to Declaration made under Section 6 of the State LAND Acquisition Act, 1990 (1934 A.D.) vide Notification No.23 of 1995. On the basis of deliberations held by a Committee of Collectors, the following rates were approved by Collector (Sub Divisional Magistrate), Reasi as compensation for the acquired land. 1.Rs.22,000/- per kanal for Warhal Awal. 2.Rs. 16,000/- per kanal for Banjar. 3.Rs.2,500/- per kanal for Gairmumkin. Dissatisfied with the quantum of compensation awarded by the Collector, owners of the land requested for Reference to the Civil Court. A Reference was accordingly made to the learned Additional District Judge, Reasi.

(2.) TO determine market value of the acquired land, the learned Additional District Judge permitted the parties to lead evidence on the issues framed on the basis of their pleadings. The owners produced seven witnesses, besides one of the owners to substantiate their Claim to enhanced compensation. The Collector, however, did not produce any evidence despite opportunities allowed to him in this behalf.

(3.) MR. S.S.Nanda, appearing for the respondents, on the other hand, submitted that the oral evidence produced by the owners was supported by documentary evidence placed on records and the facts brought on records through oral and documentary evidence having not been controverted by the appellants, the findings recorded by the learned Additional District Judge may not warrant interference in Appeal.