STATE OF J&K Vs. MASOODA MARYAM FAZILI

JUDGEMENT

(1.) THIS is a Civil 1st appeal.

(2.) LAND measuring 226 kanals 6 marlas situate at Nunwanen Pahalgam, Distt. Anantnag has been acquired by the Government for a public purpose, namely, development of Phalgam out of which land measuring 15 kanals 2 marlas comprised in Khasra No. 188/38 280/36, 185/36 belonged to the respondent herein.

(3.) APPELLANT -State of Jammu and Kashmir resisted the reference. Learned District Judge after recording evidence and hearing both sides, disposed of the reference vide Judgment dated 30.08.2003 holding that the prevalent market rate in the area at the time of the acquisition of the respondent 's land was 2.40 lac to 2.98 lac rupees per kanal and compensation at the rate of Rs. 2, 40,000/ per kanal amounting to Rs.36, 24,000/ besides 15% solatium was payable to the respondent. Learned District Judge, therefore, passed decree for payment of Rs. 41, 67, 600/ as compensation with 6% interest per annum in favour of the respondent.