LAWS(J&K)-2023-9-17

DIRECTOR URBAN LOCAL BODIES Vs. HANS RAJ

Decided On September 14, 2023
Director Urban Local Bodies Appellant
V/S
HANS RAJ Respondents

JUDGEMENT

(1.) This appeal filed under Sec. 52 of the Jammu and Kashmir Land Acquisition Act, 1990 (for short 'the Act') arises out of the judgment/award dtd. 31/3/2016 passed by the court of learned Principal District Judge, Bhadarwah (hereinafter to be referred as 'the reference court') in reference, titled, 'Hans Raj and others vs Collector, Bhaderwah and Anr' bearing file No. 10/Reference, whereby the learned Reference Court has enhanced the compensation payable by the appellants to the respondents/owners for the land acquired by the appellants.

(2.) The award has been impugned by the appellants on the following grounds:

(3.) Mr. S. S. Nanda, learned Sr. AAG appearing for the appellants argued that the learned reference court has fallen in grave error of law while enhancing the compensation as the sale exemplar brought on record by the respondents was only in respect of small piece of land whereas the appellants had acquired the big chunk of land. He has placed reliance upon the judgment of this Court in case, titled, 'Dy. Chief Engineer Construction N. R. Reasi vs Makhna Singh and others' passed in MA No.570 of 2014 decided on 14/7/2023.