STATE OF J&K Vs. SANNA ULLAH MIR

JUDGEMENT

(1.) THIS is a plaintiffs suit for cancellation of a decree for Rs. 32,645.62 paise passed in favour of the defendant in connection with the acquisition of the lands in dispute under the provisions of the Land Acquisition Act.

(2.) THE land which is the subject matter of the present action consists of 113 Kanals and 11 Marlas situate in Chawni Badam Singh Chattabal Srinagar. A notice under Section 4 of the Land Acquisition Act was issued on 24 -9 -1955 which was followed by a notice under section 6 of the Act on 29 -2 -1965. These notices are Ex. PW21/1 and Ex PW21/2 respectively. On 29 -9 -1955 a notice under section 9 of the Land Acquisition Act was also served on the persons interested which is Ex. DW12/J. After these notices were served, the collector made an award for the amount of Rs 32,645.62 paise with interest. This award is Ex. PW20/1. There ­after, at the instance of the defendant, the Collector made a reference to the District judge Srinagar who raised the compensation to Rs. 36,907 62 paise plus 6% interest by his order dated 15 -11 -1957. The plaintiff filed an appeal against this order to the High Court which allowed the appeal and restored the award of the Collector. Thereafter a review was filed to the High Court for cancelling the entire land acquisition pro ­ceedings which was dismissed with this modification that interest was ordered to run from the date of the award. These faces are admitted by both the parties.

(3.) THE facts on which the plaintiff has brought the present suit may be summarised as follows : -