COLLECTOR, NORTHERN RAILWAYS Vs. SANSAR CHAND

JUDGEMENT

(1.) THIS is an application seeking restoration of CIA No. 26/1999, which has been dismissed for non prosecution vide order dated 21.02.2003.

(2.) THE parties are ad idem and have stated that the application be allowed. Accordingly, the appeal is restored to its original number. Both the learned counsel agrees that the same be taken up for consideration. Accordingly, appeal is taken on board. CIA No. 26/1999

(3.) FACTS : - For construction of Railway link between Jammu and Udhampur, land measuring 11 Kanals 11 Marlas situated in Village Mansu Tehsil Udhampur was notified for acquisition under Section 4(1) of the Act on the basis of a requisition sent by the Deputy Chief Engineer. The objections under Section 5(A) of the Act were called which was followed by issuance of notifications under Section 6 and 7 of the Act on 25.11.1983. Eventually, the Collector announced the award on 07.01.1989. The basis of the award was report dated 12.12.1985 sent by Tehsildar Udhampur disclosing the market rate of the land in Village Sayal Salain to be Rs.20,000.00 per kanal and Village Karlal Kangro at Rs.25,000.00 per kanal. However, the aforesaid rates were not accepted being irrelevant. In Village Karlal Kangro through an other award land was acquired at the rate of 15,000.00 per kanal for cultivable land, Rs.12,000.00 per kanal for uncultivable land and Rs.10,000.00 for gair mumkin land. The Collector made the aforesaid award as the basis for assessing the market value alongwith some other allied matters. He then proceeded to determine the market rate of the land in question. The Collector determined the market rate as follows: -