SALEEMA Vs. COLLECTOR LAND ACQUISITION, RAMBAN

JUDGEMENT

(1.) THIS is an appeal against judgment and decree dated 16.05.2002 of learned Additional District Judge, Ramban, whereby he has rejected the reference by deciding issues nos. 2 & 3 against the appellant.

(2.) SH . O. P. Thakur, learned counsel appearing for appellant, has raised two points in support of his appeal viz., (1) Learned Additional District Judge, Ramban, has erred in non suiting the petitioner on the plea that she had failed to prove her case regarding market value of the land as it existed on the day when notification under section 4 of the State Land Acquisition Act, was issued; and (2) Learned Additional District Judge, Ramban, has further erred in refusing to rely on the certified copies of the sale deeds which were produced before him.

(3.) SH . A. H. Qazi, learned Additional Advocate General appearing for respondents, initially tried to justify the award but later when confronted with the latest judgment of the Honâ„¢ble Supreme Court of India in case ËœCement Corporation of India Ltd. etc. etc. v. Purya & Ors. etc. etc.â„¢ reported as 2004 (7) Supreme 711, and section 23 of the State Land Acquisition Act, learned counsel accepted the position of law, which does not permit determination of market value of land on the date of issuance of notification under section 4 of the State Land Acquisition Act.