CHOUDHARY MOHD. KHAN Vs. COLLECTOR LAND ACQUISITION, JAMMU

JUDGEMENT

(1.) The Collector, Land Acquisition, Jammu, Assistant Commissioner, (R) (for short "the Collector") vide award dtd. 26/7/2004 determined the market rate of the land at the rate of Rs.25,000.00 per kanal, for acquisition of 45 kanals and 5 marlas of the land of the predecessor-in-interest of the appellant. The predecessor-in-interest of the appellant was not satisfied with the award and as such, he filed an application for making reference in terms of sec. 18 of the Land Acquisition Act. The prayer of the predecessor-in-interest of the appellant was acceded to by the Collector and reference was made before the Principal District Judge, Jammu which was subsequently transferred to the court of 2nd Additional District Judge, Jammu (hereinafter to be referred as "the reference court").

(2.) The reference court framed the following issues:

(3.) The predecessor-in-interest of the appellant in fact had died before the passing of the award by the reference court but the reference court was not informed about the same and the counsel for the predecessor-in-interest of the appellant argued the matter, leading to the passing of the award dtd. 6/9/2012, whereby the compensation was enhanced and the market value of the land was fixed at the rate of Rs.30,000.00 per kanal. The appellant not satisfied with the enhancement of the compensation by the reference court, has assailed the judgment dtd. 6/9/2012 of the reference court in the present appeal and has prayed for enhancement of the compensation to Rs.1.00 lac per kanal on the ground that the reference court has not appreciated the statements of the witnesses produced by the predecessor-in-interest of the appellant, as the witnesses were not cross-examined by other side and his evidence remained un-rebutted. It is also stated that the land has been sold in the month of September, 2002 at a sale consideration of Rs.1.00 lac per kanal only and the Tehsildar, R. S. Pura had conveyed that the prevailing market rate of the land was Rs.1.00 lac per kanal.