UNION OF INDIA Vs. ABDUL JABAR

JUDGEMENT

(1.) NOTIFICATION under Section 4 (1) of the J and K Land Acquisition Act hereinafter referred to as the Act, was issued by the Collector vide No. AC/LA/940-44 dated 27-3-1990 for acquiring land measuring 42 kanals 10 marlas i.e. Khasra No. 442-min (37 kanals 9 marlas) and Khasra No. 438 (5 kanals 1 marla), situate in village Badhoon Tehsil and District Rajouri.

(2.) OBJECTIONS were invited. No one preferred objections. Another Notification under Sections 6 and 7 of the Act was issued by the Collector vide No. REV (LAJ) 101/90 dated 22-8-1990. objections of the interested persons and the intending parties were called with regard to the compensation and measurement of the land. No objections were received from either of the parties for acquisition of the land. However, the land owners filed their claim for the compensation of the land at the rate of Rs. 40,000/- per kanal. The Collector passed the award under Section 11 of the Land Acquisition Act and assessed the compensation at the rate of Rs. 10,000/- per kanal with regard to Khasra No. 438 whereas he assessed the compensation at the rate of Rs. 7,000/- per kanal regarding the land comprising Khasra No. 442 measuring 37 kanals 9 marlas with Jabarana @ 15%. Feeling aggrieved by the award, the Union of India has filed the present appeal.

(3.) AFTER hearing the learned counsel for the appellant and perusing the record, I am of the considered opinion that the impugned judgement cannot sustain.