UNION OF INDIA Vs. CHAIN SINGH

JUDGEMENT

(1.) Appellant-Union of India through the medium of this Civil Misc. Appeal has challenged the Award dtd. 24/5/2003 passed by the Arbitrator (District Judge, Udhampur) in a case titled "Chain Singh & Ors. v. Union of India & Anr."?, whereby learned Arbitrator had assessed the compensation of the acquired land @ Rs.30,000.00 per kanal along with interest @ 9% per annum from the date of Reference till final realization of the awarded sum.

(2.) Before adverting to the grounds urged in the memo of appeal, it shall be apt to have an overview of the matter. Government of Jammu & Kashmir, through its Home Department vide communication No. CL-25/86 dtd. 10/5/1988, after service of the notice to the owners of the land, to show cause within specified period, as to why their land should not be acquired and there being no objection conveyed, acquired their land measuring 543 kanals and 03 marlas situate at Delichak and Sansoo Tehsil and District Udhampur, including some Shamilat and State land, in terms of Sub-sec. (1) of Sec. 07 of the J&K Requisition and Acquisition of Immovable Property Act 1968 (for short RAIP Act).

(3.) Deputy Commissioner, Udhampur, being competent authority under J&K RAIP Act vide his No. CL/KAS/4724/ACQ/726-27/89 dtd. 27/2/1989 assessed the compensation of aforementioned acquired land as per following rates: