SUDESH KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeals are directed against the award dtd. 27/3/2012 passed by the District Judge, Rajouri (hereinafter to be referred as the Arbitrator) in terms of J&K Requisitioning and Acquisition of Immoveable Property Act, 1968 (for short the Act), whereby the Indenting Department Union of India through Defence Estates Officer, Northern Command has been directed to pay compensation to the land owners in respect of acquired land measuring 29 kanals and 8 marlas situated at Village Pathan Mohra, District Rajouri at the rate of Rs.69,000.00 per kanal. While the Indenting Department Union of India has challenged the impugned award by virtue of appeal bearing MA No. 456/2012 contending that the enhancement of the compensation awarded by the learned Arbitrator is not justified, the land owners have also challenged the impugned award through the medium of appeal bearing MA No. 179/2012 seeking enhancement of the compensation. Both these appeals are proposed to be decided in terms of the present judgment.

(2.) Before coming to the rival contentions raised by the appellants, it would be apt to briefly refer to the facts leading to filing of the present appeals.

(3.) On 31/5/1997, Government of Jammu and Kashmir issued notice under Sec. 7(i) of the Act asking the land owners/tenants/alottees of land measuring 210 kanals and 13 marlas situated in Village Pathan Morha, District Rajouri under various khasra numbers to show cause as to why the said land should not be acquired. It is pertinent to mention here that the land in question was already under the occupation of the Army and the rental compensation was being paid to the land owners in terms of the provisions of the Act as the same stood requisitioned vide order No. 274 dtd. 10/4/1952. Notification in Form-J was issued vide No. Home/CL-38/91 dtd. 24/2/1999 by the Principal Secretary to the Government, Home Department. Vide award dtd. 1/8/2000, the District Collector assessed the compensation of the acquired land at the rate of Rs.40,000.00 per kanal and total compensation for entire chunk of the land was worked out to Rs.84,26,000.00.