NUSRAT BEGUM Vs. COLLECTOR ASSISTANT COMMISSIONER, JAMMU

JUDGEMENT

(1.) THROUGH medium of this appeal, the appellant impugns an order of District Judge, Jammudated 20.03.1995, whereunder the learned Judge while confirming award of compensation at the rate of Rs.50,000/ - per kanal plus 4% simple interest in favour of appellant for the land measuring 20 kanals and 14 marlas acquired by Government, rejected the reference made at her behest.

(2.) IT appears that on indent of Revenue Department, land measuring 20 kanals and 14 marlas under survey nos. 100, 122 and 123 situate at village Satwari Jammu was acquired by Government in 1987 from appellant against which a total amount of 11,90,250/ - was awarded @ Rs.50,000/ - per kanal under Collectors award dated 15th of December, 1990 alongwith simple interest at the rate of 4% p.a. Feeling aggrieved, the petitioner while disputing the adequacy of compensation, had the matter referred to learned District Judge Jammu under Section -18, of Land Acquisition Act for determination of due compensation. On notice, concerned Collector adhered to correctness of the rate allowed, and specifically maintained that per kanal rate of the land acquired at the re levant point of time was not more than Rs.50,000/ -, nor had the appellant brought anything on record to the contrary. For adjudication, the learned District Judge on 21.10.1991 reduced the controversy into following issues: -

(3.) GROUNDS pleaded are that the Land inquestion being situate at Satwari, Jammu, in vicinity of Air Port, and located in a very highly developed area, was not properly assessed by concerned Collector and a lesser rate of compensation was awarded, and that, learned District Judge too, on Reference totally ignored the evidence and materials brought on record by appellant to establish the actual value of acquired land, higher than the one awarded.