COLLECTOR Vs. GH QADIR SHEIKH

JUDGEMENT

(1.) THIS bunch of four appeals which are directed against three separate awards given by three different District Judges of Srinagar on three separate references made to them under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act") shall be disposed of by this judgment as they raise common questions of law and arise out of a common award made by the Collector, Srinagar, under section 11 of the Act. It appears, that in connection with slum clearance scheme the State Government acquired in 1965 a huge area of land in two Tehsils of Kashmir including 820 Kanals and 15 Marlas of land in Zoonimar, Srinagar. Proceedings for the acquisition of the aforesaid area which culminated in the award dated January 10, 1966, of the Collector, Srinagar, commenced on January 14, 1965, with the issue of Notification under Section 4 of the Act.

(2.) OUT of the area acquired in Zoonimar, Srinagar, land measuring 27 Kanals and 7 Marlas described as "Bagh Kushki" comprised in Khasra No. 3826 Min belonged to Ghulam Qadir, Abdul Rashid and Ghulam Ali, appellants in appeal No. 17 of 1971, land measuring 5 Kanals and 11 Marlas (consisting of 2 Kanals, 12 Marlas described as Bagh Khushki, 13 Marlas as Bagh Maidani and 2 Kanals and 6 Marlas as Ghair Mumkin) comprised in Khasra Nos. 3871 and 3872 belonged to Mst. Ateeqa and Asghar Ali, respondents in appeal No. 30 of 1971, and land measuring 28 Kanals, 7 Marlas and 3 Sarsais consisting of 17 Kanals and 12 Marlas classed as Bagh Khushki, 9 Kanals classed as Maidani and 1 Kanal and 15 Marlas classed as Ghair Mumkin out of Khasra Nos. 3857, 3827, 3828, 3829, 3833 Min and 3863, belonged to Ghulam Ali Khan, respondent in appeal No. 12 of 1972. The Collector assessed the compensation for different kinds of lands referred to above as under : - (1) Baghi Abi .... Rs. 3991.00 per Kanal. (2) Baghi Khushki .... Rs. 1743.80 per Kanal. (3) Maidani Abi Soim and Labroo etc. .... Rs. 1450.40 per Kanal. (4) Banjer Kadeem and Gair Mumkin etc. .... Rs. 737.00 per Kanal.

(3.) ON the compensation worked out at the above rates Jabrana at the statutory rate of 15% was also allowed by the Collector. The Collector, did not, however, allow any compensation for the trees standing on the plots of lands acquired on the ground that the department did not desire to retain them and the owners could cut and remove the same. In regard to the structures standing on the plots of land acquired, it was observed by the Collector that the Executive Engineer, Housing Division, had been directed to assess the compensation and on the completion of the assessment supplementary award in respect of the same would be issued. Thus the Collector allowed Rs.51938.32 to Ghulam Qadir & ors, appellants in appeal No. 17 of 1971, Rs.8955.32 to Mst. Ateeqa Bano and Asghar Ali, respondents in appeal No. 30 of 1971, and Rs.54101.78 to Ghulam Ali Khan, respondent, in appeal No. 12 of 1972.