GHULAM NABI SHAH Vs. COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) This Appeal was originally filed by one Ghulam Nabi Shah (Salati), son of Ab. Rehman Shah, resident of Anantnag, Kashmir, who thereafter died during the pendency of this Appeal. Accordingly, in terms of Order dated 13th of September, 2021, the present Appellants, being the sons of the deceased Appellant, were brought on record as Appellants.

(2.) The Appellant claimed to be owner of land measuring 03 Kanals and 16 Marlas covered under Survey No. 393 situate at Village Bindoo, Zalangam, Tehsil and District Anantnag. The said land is stated to be located in the market of Kokernag on the roadside, within the limits of notified area committee. It is stated that the said land was acquired by the Tourism Department of the Government of Jammu and Kashmir at the back of the Appellant, inasmuch as, no opportunity of being heard was afforded to the Appellant during the acquisition proceedings. In the year 1997, the Appellant claims to have been approached by the Respondents to receive compensation with respect to the above land in light of the final Award passed by the Respondent-Collector, however, the original Appellant refused to receive the same as he had been given Rs.75,000.00 per Kanal only, when the market value was Rs.3.00 lacs per Kanal.

(3.) The original Appellant moved an application before the Respondent-Collector, which was referred to the learned District Judge, Anantnag vide No. LA (345)92/429-32 dated 12th of September, 1997, whereafter issues were framed in the matter and parties were directed to lead the evidence. The learned District Judge/ Reference Court, however, in terms of the impugned Judgment dated 1st of March, 2006, rejected the Reference of the Appellant on merits as well as on limitation, being time barred.