COLLECTOR, LAND ACQUISITION Vs. MOHAN LAL

JUDGEMENT

(1.) Notification under sub-section (1) of Section 4 of the Land Acquisition Act, 1990 (Svt.) (hereinafter referred to as the Act), was issued vide No. AC/LA/513-16 dated 26.10.1995 for acquiring land measuring 4 kanals 12 marlas comprising of khasra No. 349/315 situate at village Patrara, Tehsil Rajouri required for public purpose, namely, construction of 1.6 MVA/33/11 KV Receiving Station by the Power Development Department. No objection was received from any interested person. Another Notification under Section 6 read with section 7 of the Act was issued. The owner put his claim that he may be awarded compensation @ Rs. 45,000/- per kanals, however, the learned Collector, taking into consideration the location of the land, the commercial potential as well as the agriculture produce, recommended Rs. 40,000/- as tentative compensation per kanal with 15% Jabrana to the District Collector, Deputy Commissioner Rajouri, for approval. The District Collector did not approve the recommendations of the Collector and recommended the rate of Rs. 24,000/- per kanal. The Collector, on the basis of said direction, assessed the compensation @ Rs. 24,000/- per kanal with 15% Jabrana.

(2.) However, the land owner was not satisfied with the award, as such, he applied for reference under Section 18 of the Act and claimed compensation @ Rs. 80,000/- per kanal. The Collector referred the matter to the District Judge, Rajouri for determination of the value of the land. The District Judge, Rajouri issued noticed to the Collector who filed objections by alleging that rate of Rs, 24,000/- in question was fixed by the competent authority with Jabrana @ 15%. It was also pleaded by the Collector that the land has no commercial value as claimed by the land owners which was said to be Rs. 45,000/- per kanal during the acquisition proceedings. However, in the application dated 08.11.1996 moved by respondent for making reference under Section 18 of the Act, he demanded Rs. 80,000/- per kanal. It was further pleaded that during the process of acquisition the land owner has stated that value of the land is Rs. 45,000/- per kanal, which is evident from his application dated 8.11.1996, as such, the demand of Rs. 80,000/- per kanal was not genuine. The learned District Judge, after recording the evidence of the parties, assessed the value of the land as Rs, 42,000/- per kanal with 15% Jabrana. The land owner was also held to be entitled to interest @ 4% from the date of issuance of notification till final realization of the award amount, against which the State through Collector has preferred the present appeal.

(3.) Learned AAG Mr. A.H. Qazi, has assailed the findings of the District Judge, Rajouri on the ground that there was no evidence before District Judge on the basis of which compensation of acquired land has been assessed @ Rs. 42,000/- per kanal. He submitted that the learned Collector after assessing the compensation tentatively under Sub Section 1 of Section 11 of the Act, referred the matter to the District Collector for approval, who had been authorized to approve the tentative assessment but the District Collector did not agree with the recommendations and on the basis of report of Tehsildar and subordinate staff, he recommended the rate @ Rs. 24,000/- per kanal and in pursuance of the said direction, the Collector passed the award assessing the value of the land @ 24,000/- per kanal. He further submitted that there was no evidence before the District Judge on the basis of which the compensation of the acquired land had been assessed @ Rs. 42,000/- per kanal. He also contended that the District Judge has not taken into consideration that the land is not located on the roadside nor has the potentiality of commercial value. He further submitted that the Collector has assessed the tentative compensation erroneously which has weighed with the learned District Judge while passing the impugned judgment. He submitted that the District Collector is the competent authority to approve or not to approve the tentative assessment made by the Collector.