UNION OF INDIA Vs. GHANSHAM

JUDGEMENT

(1.) THIS Civil Ist Appeal is directed against the award of arbitrator, i.e., District Judge, Udhampur, appointed in terms of Clause (b) Sub -Section (1) of Section 8 of J&K Requisitioning & Acquisition of Immoveable Property Act, 1968. The Defence Department was in possession of the land measuring 259 kanals 19 marlas, situated at Village Omara, Tehsil & District Udhampur and the same under case No.KAS/7023/LH was sought to be requisitioned for public purposes. The Assistant Defence Estate Officer, Northern Command, C/O 56 APO vide his Letter No.PEND/3090/Acq/ADEO/2 dated 15.4.1986 requested for the acquisition of land on permanent basis under the provisions of J&K Requisitioning & Acquisition of Immoveable Property Act. The J&K Home Department vide Letter No.Home/CL -47/87 dated 1.1.1988 issued no objection for requisition of the land. The Government of India, Ministry of Defence accordingly accorded the sanction on 9.11.1994, whereupon the Home Department of J&K Government on 28.4.1995 issued notices on Form 'J for acquisition of the land comprising in Khasra Nos.299/255/232, 308/256/232, 304/256/232, 288/227, 287/227, 285/185, 184, 297/229, 309/257/232 pt, 305/255/232, 254/233, 235/236, 237 pt, 238 pt, 237, 238 (all private) and Khasra Nos.286/185, 306/256/232, 237, 309, 257/232, 237 pt, 292/228, 303/231, 238/310/230, 213 and 211 (state land). The notices were issued to the parties concerned to appear and putforth their case for claiming compensation and submit the copies of sale deeds and other documents in support of their claims before the Deputy Commissioner, Udhampur. The Defence Estate Officer also contested the claims and suggested the compensation payable for the land sought to be acquired to the claimants at the rate of Rs.54,000/ - per kanal of warhal changi land.

(2.) THE Deputy Commissioner, Udhampur after considering all the materials and evidence assessed the compensation for different categories of land at the rate of Rs.1.30 lacs per kanal for warhal changi, Rs.1.15 lacs per kanal for banjar kadeem and Rs.95,000/ - per kanal for gair mumkin. He thereafter submitted the assessment of compensation for the said land to Addl. Chief Secretary, Home Department for approval, while directing the Director Defence Estate, Northern Command, Jammu to obtain the necessary sanction from the competent authority and for depositing the assessed amount in his office so that the same could be disbursed to the land owners as per their shares in the land.

(3.) A draft assessment report was also sent to the Ministry of Defence, Government of India, which, however, approved the rate of compensation as follows: