UNION OF INDIA Vs. GIAN SINGH

JUDGEMENT

(1.) Through the medium of this appeal, the appellant has assailed the judgment and decree dtd. 29/8/2006 passed by the learned Principal District Judge Udhampur (hereinafter to be referred as "the reference Court"), whereby the compensation payable to the owners/respondent Nos. 1 to 40 in lieu of their land acquired under the J&K State Land Acquisition Act, has been enhanced.

(2.) The appeal has been filed inter alia on the grounds that the reference Court could not have taken into consideration the sale deed executed for small piece of land for assessing the compensation in respect of big chunk of land and the reference Court has placed reliance upon the sale instances for the year 1995, whereas the notification under Sec. 6 of the Land Acquisition Act, was issued on 5/9/1988. It is also pleaded that the final award was passed by the Collector on 12/11/1995 and the reference was made beyond the period of limitation.

(3.) Mr. Vishal Sharma, learned DSGI, submitted that the reference Court has fallen in an error of law while placing reliance upon the instance of sale in respect of small piece of land for determining the compensation in respect of big chunk of land. In support of his contentions he placed reliance upon the judgment of the Hon'ble Apex court in Union of India and others vs. Sh. Chain Singh and others.