DIRECTOR URBAN LOCAL BODIES KASHMIR Vs. SHOWKAT AHMAD

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 20/6/2016 passed by the Principal District Judge, Anantnag (for short 'Reference Court') in a reference under Sec. 18 of Land Acquisition Act (for short 'Act").

(2.) I have heard learned counsel for the parties. I have gone through the impugned judgment as also trial court record and considered the matter.

(3.) Perusal of the file reveals that the department of Urban Local Bodies in the year 2004 placed a formal indent for acquisition of land measuring 04 Kanals and 16 Marlas and 04 Sirsai under Survey Nos.504, 505, 506 at village Kasba Dooru, Anantnag, before the Collector Land Acquisition, Anantnag, who has notified the same under Sec. 4 of the Act. The case was recommended for issuance of declaration and accordingly notices under Sec. 9 and 9-A of the Act was issued on 19/11/2005 for seeking objections from the interested persons. The Collector passed the Final Award on 22/2/2007. The compensation was fixed to the tune of Rs.26,56,418.00for the land acquired for the public purposes i.e. Rs.18,750.00 per Marla. The Appellant-Department deposited the whole amount with the Collector Land Acquisition for disbursement amongst the landowners. Some of the landowners accepted the award and received the compensation. However, the respondents herein submitted an application for making reference of the matter under Sec. 18 of the Act. The Collector referred the matter to the Reference Court on 29/12/2007, who admitted the reference and proceedings were initiated in ex parte against the Appellant herein, in view of the order dtd. 24/9/2009 and finally passed a judgment on 20/6/2016, enhancing compensation from Rs.18,750.00 per Marla to Rs.40,000.00per Marla and in addition to this 15% of Jabirana @ 6% interest on the awarded amount from the date of issuance of notice under Sec. 4 of the Act along with an amount of Rs.25,000.00 as litigation charges has also been directed by the Reference Court.