STATE OF J&K Vs. BASHIR AHMED

JUDGEMENT

(1.) This Civil First Appeal is filed by the appellant-State in terms of Sec. 52 of the Land Acquisition Act against the judgment dtd. 31/1/2019 passed by the learned 1st Additional District Judge, Jammu, whereby it has been held that the market value of the land-under-reference on the date when notification under Sec. 4(1) of the State Land Acquisition Act was issued, was Rs.7,70,000.00per kanal, as such the petitioner (respondent No.1 herein) was entitled to recover the same from appellant-State along with jabrana @ 15% on the excess amount of compensation and interest at the rate of 6% per annum.

(2.) The facts-in-brief, as gathered from the appeal file, are that Notification under Sec. 4(1) of the State Land Acquisition Act, 1990 (hereinafter, for short, the Act) came to be issued for acquisition of land situated at Village Surinsar. After following the acquisition process and getting the objections from the land owners, the committee of Collectors approved the rate of land at Rs.1,50,000.00 per kanal for a total land of 30 kanals 02 marlas only. Respondent No.1 herein had 02 kanals 16 marlas of land under Khasra No.596, and 05 kanals 09 marlas of land under Khasra No.598 situated at Village Surinsar, Tehsil and District Jammu. Feeling dissatisfied with the award, respondent No.1 herein filed an application under Sec. 18 of the Act before the Collector Land Acquisition, Jammu for referring the case to Civil Court. The Collector, accordingly, referred the matter after making reference to the learned Principal District Judge, Jammu, who transferred the reference to learned 1st Additional District Judge, Jammu.

(3.) Learned 1st Additional District Judge after recording the evidence and hearing both the sides disposed of the reference vide judgment dtd. 31/1/2019 holding that the prevalent market rate in the area at the time of acquisition of respondent No.1"s land was Rs.7,70,000.00 per kanal, besides 15% jabrana was payable to respondent No.1. Learned District Judge, accordingly, passed the decree for payment of compensation in the said terms with 6% interest per annum in favour of respondent No.1.