COLLECTOR Vs. TARA MANI

JUDGEMENT

(1.) THESE three appeals arise out of three references made to District Judge, Jammu who decided them by one judgment on 11.12.1985. Therefore, all the appeals are also decided by one common judgment. The Chief Executive Officer Development Authority, Jammu acquired land measuring 125 Kanals and 18 Marla situate in village Narwal Bala, Jammu for construction of a grid station. The respondents in the said appeals, namely, Tara Mani, Vinod Kumar and Smt. Leela Rani whose land had also been acquired, made applications U/s 18 of the Land Acquisition Act (here -in -after referred to as the Act) before the Collector Land Acquisition, Jammu stating therein that the award was not acceptable to them on the ground that the compensation awarded was inadequate. Smt. Tara Mani owned land measuring

(2.) KANALS comprised under Khasra No. 6/Min for which compensation was awarded in exparte @ Rs. 4,500/ - per Kanal on 28 -11 -1979. Vinod Kumar owned land measuring 2 Kanals and 8 Marla comprised under Khasra No. 6/Min. This land was also acquired and compensation was awarded @ Rs. 4.500/ - per kanal. Smt. Lela Rani owned land measuring 1 Kanal and 11 Marla. The land was acquired and compensation awarded @ Rs. 4,500/ - per kanal. After the reference was made by the Collector on the applications of the respondents, the District Judge entertained the reference and on

(3.) RD of March, 1981 framed the following issues: (1) Whether the compensation awarded by the Collector is not adequate? If so, what is the proper compensation payable by the State? (2) Whether the reference is time barred? (3) Relief to which the petitioner is entitled? 2. Besides two attorneys of the applicants Shri G. D. Sharma and Bhikam Chand, respondents (applicants) produced and examined three witnesses Dewan Chand, Des Raj and Bansi Lal. The appellant (non applicants) examined Ram Parkash DW -1 and Chaman Lal DW -2 in support of their case. 3. Des Raj PW -1 has stated that before the year 1976, he visted the site. He wanted to purchase some land in the area and had offered Rs. 40,000/ - per kanal, but he could not purchase the land as the sale of land had been legally prohibited. Another PW -3 Bansi Lal stated that in the month of August, 1981 he purchased a piece of land near the land which was acquired, by virtue of a sale deed Rs. 20.0GO/ - per Kanal. He has further stated that the land was situating near the Railway Station and Fruit Market. Opposite to this land Transport Nagar and Ware House were under construction. Since the land was in the vicinity of Railway Station, Fruit Market and Transport Nagar, the commercial value of the land had increased manifold. He further stated that there were two mills adjacent to his land and land could not be purchased even @ Rs. 50,000/ - per Kanal near the land which has been acquired. Shri G. D. Sharma attorney of the applicants (respondents) Tara Mani and Vinod Kumar stated that he was the attorney holder and the Collector land Acquisition had issued to noticed U/S 12(2) of the Act in duplicate to the applicants which were received by him on 26.1980. A copy of such notices was produced by him before the court which were exhibited and marked as "A" and were placed on record. He had further stated before the trial court on 30.6.1980 that he made an application under the provision of section 18 of the Act before the Collector requesting him to make a reference to the Court. He also stated that applicant Tara Mani had purchased land in question for building purposes. The area where the land is situate was notified under the Town planning Act before the year 1972 and the sale and purchase of land was prohibited. He further stated that by the year 1977 the land had assumed the character of an urban immovable property because certain developments had taken place in the area, a railway station was commissioned near the land and a bye -pass road had been constructed. The applicant Vinod Kumars father had purchased the land question for business purposes. The witness further stated that in the year 1977 the price of the land was more than Rs. 50.000/ - per Kanal in the market value thereof when the witness testified before the court was more than rupees one lakh per kanal.