MADAN MOHAN SHARMA Vs. COLLECTOR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 17.8.2001 passed by the learned District Judge, Jammu in file No. 7/2AH in case entitled Madan Mohan Sharma v. Collector, Land Acquisition, Jammu, whereby the claim of the appellant -petitioner for enhancement of compensation has been rejected and no interest as contemplated under Sections 28 and 35 of the Land Acquisition Act has been awarded.

(2.) ON being approached by the Director, School Education with an indent to acquire the land aggregating 16 kanals and 10 marlas contained in Khasra No. 1053/M located at Village Dablehar, Tehsil R.S. Pura, for construction of Government High School, Dablihar, a notification was issued by the Revenue Department under Sections -6 and 7 of the State Land Acquisition Act (hereinafter referred to as the Act) in declaring that the said land is required for the purpose, i.e., for the construction of the Government High School, Dablihar. Thereafter notices under Sections 9 and 9(a) of the Act in succession were issued to the land owners/interested persons and also to the indenting authority, i.e., Director School Education, Jammu. The appellant -petitioner, Madan Mohan Sharma, however, claimed a compensation @ Rs. 3 lacs per kanal of the land under acquisition in his application made on 16.9.1998. Tehsildar, R.S. Pura, however, intimated in his report to the acquisitioning authority that no sale transaction has taken place in the locality for the last three preceding years, but after inspecting the site and in view of the location he proposed the tentative rate of Rs. 1 lac per kanal for the land acquired for seeking approval to the proposed rate of compensation. Accordingly, the matter was placed before the Deputy Commissioner, Jammu for approval, who in turn, referred the case to the Committee of the Collectors for seeking their expert opinion for the proposed rate of compensation in respect of the land under acquisition as to the genuineness of the rate proposed by the Additional Commissioner, Jammu in the draft award. The Committee of the Collectors, however, found that the rate of compensation in respect of the land under acquisition proposed in the draft award by the Additional Commissioner is on much higher side and a sub -Committee of Assistant Commissioner (Revenue), Jammu, Asstt. Commissioner (General), Jammu and Collector J&K; Housing Board, Jammu was constituted to visit the spot to ascertain the approximate rate of land in the locality. The sub -Committee, however, proposed the rate of compensation at Rs. 45,000/ -per kanal for the land acquired. The matter was discussed in detail in the Committee of Collectors and the Committee agreed with the rate of compensation of Rs. 45,000/ - per kanal, proposed and recommended by the sub -Committee. The Deputy Commissioner, Jammu found the rate of compensation per kanal of the land acquired at Rs. 45,000/ - as reasonable and genuine and also approved the same in respect of the land under acquisition. The rate of compensation of the land under acquisition of Rs. 45,000/ - per kanal, therefore, came to be adopted and, accordingly, the final award came to be passed on 12.3.1999.

(3.) IN support of his claim for enhancement of rate of compensation of the land acquired, the appellant -petitioner examined PW Shanker Singh, Tehsildar, JDA, PW Yash Pal, Patwari Halqa, besides himself coming into the witness box. The reference Court relying on the statements of the Tehsildar, Patwari concerned and also on the revenue record placed on record, proved in their statements, held that the acquired land on which Government High School building has been constructed belongs to appellant -petitioner, Madan Mohan Sharma, one of the share holders and is, thus, entitled to receive the entire compensation under Government Order No. LB 10/88 REA dated 23.4.1980 irrespective of the apportionment statement of the award which, in fact, is contrary to the Revenue record and the observations made by the High Court in OWP No. 388 of the year 1995, that the appellant -petitioner (Madan Mohan's) title on the land prima facie appear to be established by documents placed on the record of the writ petition.